GIFT  OF 


DEC    6 
GIK 


SCHOOL 
LAWS 


OF  THE 


I 


STATE  OF  OHIO 


WITH   CITATIONS 
AND  BLANK  FORMS 


1910 


JOHN  W.  ZELLER 

STATE  COMMISSIONER  OF  COMMON  SCHOOLS 


lai— 1_— it— iiiBiia^^=^=^^aapf 


OHIO 


SCHOOL    LAWS 


IN  FORCE  MAY  23,  1910. 


BASED  ON  THE  GENERAL  CODE  OF  OHIO 
AS  AMENDED  TO  DATE. 


BLANK   FORMS  AND   DIRECTIONS  TO   SERVE  AS 

A  GUIDE  FOR  SCHOOL  OFFICERS 

AND  TEACHERS. 


COMPILED   UNDER   THE   DIRECTION   OF 

JOHN  W.  ZELLER 

STATE   COMMISSIONER   OF   COMMON   SCHOOLS 


COLUMBUS,  OHIO: 

The  F.  J.  Heer  Printing  Co. 

1910 


0^3 


H  l<5 


PREFACE, 


This  edition  of  the  Ohio  School  Laws  is  issued  in  accordance  with 
sections  356  and  357  of  the  General  Code  of  Ohio,  passed  February  14, 
1910. 

These  sections  makes  it  the  duty  of  the  Commissioner  to  have 
printed  and  distributed  as  many  copies  of  the  law  as  he  deems  necessary 
for  the  use  of  the  school  officers  in  the  State,  as  often  as  any  change  in 
the  laws  is  made  of  sufficient  importance  to  require  a  re-publication  and 
distribution  thereof. 

The  "New  School  Code'"'  was  adopted  April  25,  1904,  and  the  last 
issue  of  school  laws  was  made  July  12,  1906.  That  edition  was  ex- 
hausted when  I  came  to  the  office. 

There  are,  at  least,  two  reasons  for  the  necessity  of  this  new  issue. 

The  Codifying  Commission,  appointed  three  years  ago,  made  its 
final  report  to  the  last  session  of  the  78th  General  Assembly,  which  re- 
port was  adopted  February  14,  1910. 

This  Commission,  composed  of  three  able  men,  in  their  arduous 
work  of  codification,  found  it  necessary  to  re-classify  the  laws,  to  make 
clear  and  definite  obscure  and  indefinite  expressions,  to  cut  up  long  sec- 
tions containing  a  half-dozen  independent  matters  and  place  them  in  as 
many  different  sections,  and  to  do  other  work  which  was  necessary  to 
make  our  laws  more  intelligible  and  more  valuable  to  our  people. 

The  Commission  succeeded  admirably  in  this  work.  This  re- 
classification is  the  second  necessity  for  the  present  issue.  Then,  too, 
quite  a  number  of  new  school  laws  and  amendments  have  been  added  to 
our  school  laws  during  the  last  four  years,  with  which  our  school  officials 
and  teachers  should  be  familiar. 

To  facilitate  the  use  of  this  edition  you  will  find  a  table  of  contents 
at  the  beginning  of  this  volume  and  a  cross  index  at  the  close. 

You  will  also  find  valuable  citations  from  the  decisions  of  courts  in 
this  and  other  states,  on  many  of  the  sections  which  throw  much  light 
on  their  meaning.  For  illustration,  under  Section  4750  which  gives 
Boards  of  Education  authority  to  make  rules  and  regulations  for  the 
proper  management  of  their  schools,  you  will  find  sufficient  court  cita- 
tions to  guide  you  safely  in  the  matter  of  punishment  and  management 
of  disobedient  pupils. 

I  deem  it  my  duty  to  issue  a  sufficient  number  of  copies  so  that  not 
only  the  presidents  and  clerks  of  the  boards  of  eduf^ation  may  have 
copies,  but  that  »M  other  school  officials  and  the  superintendents  of  th# 
city,  village,  and -township  districts  may  be  supplied. 

I  trust  that  school  men  will  become  more  familiar  with  our  school 
laws.  It  is  one  of  the  functions  of  the  superintendent  to  keep  his  board 
informed  on  school  laws.  He  can  render  valuable  service  in  many  ways 
when  he  is  familiar  with  the  school  code. 

This  volume  is  sent  forth  in  the  hope  that  it  will  be  helpful  to  school 
officials  and  teachers  in  the  discharge  of  their  duties. 

John  W.  Zeller, 

Commissioner. 

May  24,  1910. 

3 


347908 


TABLE  OF  CONTENTS. 


PAGE- 

Constitution  of  Ohio  relating  to  Public  Schools 7 

PART  FIRST— POLITrCAl  . 

Title  I.     Preliminary — 

Chapter   I.     General   Provisions    11 

Title  III.     Executive. 

Division  I.     Elective  State  Officers. 

Chapter  6.     State  Commissioner  of  Common  Schools 13- 

Title  IV.    Judicial. 

Chapter  8.     Juvenile    Court 17' 

Title  XIII.     Public  School  Districts. 

Chapter  1.     Classification  of  Districts 29= 

Chapter  2.     City  School  Districts   34 

Chapter  3.     Village  School  Districts  37 

Chapter  4.     Township  School  Districts   38' 

Chapter  5.     Special-  School  Districts  42' 

Chapter  6.     Boards  of  Education 46 

Chapter  7.     Treasurer  and  Clerk  54 

Title  XIV.     Public  Elections  60' 

PART  SECOND  — CIVIL. 

■Title  V.     Public  Schools. 

Chapter     1.     School  Funds 65- 

Chapter    2.     School  Houses  and  Libraries 77 

Chapter    3.     Schools  and  Attendance 87 

Chapter    4.     Compulsory    Education    117 

Chapter    5.     Reports 126- 

Chapter     6.     Enumeration    129' 

Chapter    7.     Examiners    133- 

Chapter    8.     Teachers'  Institutes   148- 

Chapter    9.     Teachers'  Pensions 152' 

Chapter  10.     Normal  Schools  157 

Chapter  11.     Colleges  and  Universities 160- 

Chapter  12.     Schools  Specially  Endowed   179 

Title  IX.     Private  Corporations. 

Division  VI.     Corporations  not  for  Profit. 

Chapter  3.    Educational  18*2 

Appendix. 

Forms  and  Instructions  199 

House  Bill  No.  64 214 

Index 215* 

(   ^      • 


CONSTITUTION  OF  OHIO 


RELATINa  TO 

PUBLIC  SCHOOL5 


ARTICLE   I. 

Section  7.  *  *  *  Religion,  morality  and  knowl- 
edge, however,  being  essential  to  good  government,  it  shall 
be  the  duty  of  the  general  assembly  to  pass  suitable  laws 
to  protect  every  religious  denomination  in  the  peaceable 
enjoyment  of  its  own  mode  of  public  worship,  and  to 
encourage  schools  and  the  means  of  instruction. 

"The  system  of  public  education  in  Ohio  is  the  creature  of  the  Con- 
stitution and  statutory  laws  of  the  state.  It  is  left  to  the  discretion  of  the 
general  assembly^,  in  the  exercise  of  the  general  legislative  power  conferred 
upon  it  (Art.  II,  §  1),  to  determine  what  laws  are  'suitable'  to  secure  the 
organization  and  management  of  the  contemplated  system  of  common  schools, 
without  express  restriction,  except  that  'no  religious  or  other  sect  or  sects 
shall  ever  have  any  exclusive  right  to,  or  control  of,  any  part  of  the  school 
funds  of  this  state.'  "     21  O.   S.,  198-205;     Day,  J. 

The  compulsory  education  law  comes  within  this  section.     6  C.  C,  645. 


Of  the  right! 
of  conscience; 
necessity   of 
religion  and 
knowledge. 


ARTICLE  II. 

Section  26.  All  laws  of  a  general  nature,  shall  have 
a  uniform  operation  throughout  the  state;  nor,  shall  any 
act,  except  such  as  relates  to  public  schools,  be  passed, 
to  take  effect  upon  the  approval  of  any  other  authority 
than  the  general  assembly,  except,  as  otherwise  provided 
in  this  Constitution. 

ARTICLE  VI. 

Section  i.  The  principal  of  all  funds,  arising  from 
the  sale,  or  other  disposition  of  lands,  or  other  property, 
granted  or  intrusted  to  this  state  for  educational  and 
religious  purposes,  shall  forever  be  preserved  inviolate  and 
undiminished ;  and,  the  income  arising  therefrom,  shall 
be  faithfully  applied  to  the  specific  objects  of  the  original 
grant,  or  appropriations. 

Section  2.  The  general  assembly  shall  make  such 
provisions,  by  taxation,  or  otherwise,  as,  with  the  income 
arising  from  the  school  trust  fund,  will  secure  a  thorough 
and  efficient  system  of  common  schools  throughout  the 
state;  but  no  religious  or  other  sect,  or  sects,  shall  ever 
have  any  exclusive  right  to,  or  control  of,  any  part  of 
the  school  funds  of  this  state. 

Religious  instruction,  or  the  reading  of  the  Bible  in  the  public  schools, 
is  not  required  by  the  Constitution.  The  board  of  education  have  the  sole 
management  of  the  schools,  and  the  courts  cannot  direct  what  instruction 
shall  be  given  or  what  books  read.     23  O.   S.,  211. 

A  requirement  of  a  board  of  education  that  the  Bible  be  read  in  the 
schools  as  an  opening  exercise  cannot  be  interfered  with  by  the  courts,  and 
is  not  in  violation  of  any  constitutional   rights.     1    N.    P..   140. 

It  is  an  unlawful  diversion  of  the  school  funds  of  tne  state  of  Ohio  for 
a  board  of  education  to  authorize  the  teaching  of  religion  as  a  regular  branch 
of  study.     Attorney  General. 

7 


Laws    having 

uniform 

operation. 


Funds  for  ed- 
ucational and 
religiotfs  pur- 
poses. 


School   funds. 


t'ON^iiixun-qN  OF  ohio  relating  to  public  schools. 


ARTICLE  XII. 

Section  2.  Laws  shall  be  passed,  by  taxing  by  a 
uniform  rule,  uniform  rule,  all  moneys,  credits,  investments  in  bonds, 
stocks,  joint  stock  companies,  or  otherwise;  and  also  all 
real  and  personal  property,  according  to  its  true  value  in 
money ;  but  burying  grounds,  public  school  houses,  houses 
used  exclusively  for  public  worship,  institutions  of  purely 
public  charity,  public  property  used  exclusively  for  any 
public  purpose,  and  personal  property,  to  an  amount  not 
exceeding  in  value  two  hundred  dollars,  for  each  individ- 
ual, may,  by  general  laws,  be  exempted  from  taxation ;  but 
all  such  laws  shall  be  subject  to  alteration  or  repeal;  and 
the  value  of  all  property,  so  exempted,  shall,  from  time  to 
time,  be  ascertained  and  published,  as  may  be  directed 
by  law. 

School  property  is  not  liable  to  assessment  for  street  improvement;  nor 
can  a  judgment  be  rendered  against  the  board  of  education  for  the  payment 
of   the    assessment    out    of    its   contingent    fund.      48    O.    S.,    83. 

Sidewalk — School   property   not    assessable    for.     4S   O.    S..   87. 


PART  FIRST 


POLITICAL 

9 


TITLE  1.     PRELIMINARY 


CHAPTER  1. 

GENERAL  PROVISIONS. 

INTERPRETATION     OF    STATUTES. 

Section  27.  In  the  interpretation  of  parts  first  and  interpretation 
second,  unless  the  context  shows  that  another  sense  was  worS!^**^" 
intended,  the  word  ''bond"  inckides  an  ''undertaking",  and 
the  word  "undertaking"  includes  a  "bond" ;  "and"  may 
be  read  "or",  and  "or"  read  "and",  if  the  sense  requires 
it;  words  of  the  present  include  a  future  tense,  in  the 
masculine,  include  the  feminine  and  neuter  genders,  and 
in  the  plural  include  the  singular  and  in  the  singular  in- 
clude the  plural  number;  but  this  enumeration  shall  not 
be  construed  to  require  a  strict  construction  of  other  words 
in  such  parts,  or  in  this  code.     (R.  S.  Sec.  23.) 

A  construction  which  gives  effect  to  every  sec';ion  and  clause  must 
be  favored.  1  0.,  381,  385;  2  0.,  395,  398;  17  O.  S.,  52,  68;  3  C,  187,  193; 
6     O.,     147,     151. 

"A  statute  should  be  so  construed  that  the  several  parts  will  not  only 
accord  with  the  general  intent  of  tlie  legislature,  but  also  harmonize  with  each 
oth(r;  and  a  construction  of  a  particular -clause,  that  will  destroy  or  ren- 
der useless  any  other  provision  of  the  same  statute,  can  not  be  correct," 
3    C^.,    187,    193;     2    C,    .395,   39S;     5    C,    48,    51. 

What  is  plainly  implied  in  a  statute  is  as  much  a  part  of  it  as  what  is 
expressed.     50    O.    S.,   330. 

The  ordinary  and  natural  import  of  words  consistent  with  the  com- 
mon sense  of  the  community  is  to  be  adopted  in  arriving  at  legislative  intent. 
6  0.,   65,   71;     25   O.    S.,   26,  28. 

In  considering  questions  arising  under  the  school  legislation  of  the 
state,,  such  construction  should  be  placed  upon  its  various  enactments,  and 
the  several  provisions  thereof,  as  will  give  harmony  to  our  educational 
system,  and  secure,  as  far  as  practicable,  its  equal  benefits,  and  the  reasonable 
facilities   for   the   enjoyment   to   every   locality.      21    O.    S.,   339. 

Penal  statutes  must  be  const fued  strictly,  and  cannot  be  extended  by 
implication  to  cases  not  strictly  within  their  terms.  20  O.,  7;  18  O.,  11;  38  O. 
S.,  659;    44   O.   S.,  347. 

While  the  opinion  of  the  state  commissioner  of  common  schools  cannot 
have  the  force  of  a  judicial  interpretation,  it  is  of  great  force  as  the  opinion 
of  an  eminent  educator,  who  was  at  the  head  of  the  school  system  of  the 
state,  and  presumably  familiar  with  the  necesities  of  the  schools.  2  C.  C, 
866;     Stewart,   J. 

FLAG,    EMBLEM,    COAT   OF   ARMS. 

Section  28.     The  flag  of  the  state  of  Ohio  shall  be    official  flag . 
pennant   shaped.     It  shall   have  three  red   and  two   white    °^  ^^^*^- 
horizontal  stripes;  the  union  of  the  flag  shall  be  seventeen 
five-pointed  stars,  white,  in  a  blue  triangular  field,  the  base 
of   which   shall   be   the   stafif  end   or  vertical   edge   of   t)ie 
flag,   and   the   apex  of   which   shall   be  the   center   of   the   - 
middle  red   stripe.     The  stars  shall  be  grouped  around  a 
red   disc  superimposed   upon   a   white  circular   "O".     The 
proportional    dimensions    of    the    flag    and    of    its    various 
parts  shall  be  according  to  the  official   design  thereof  on 
file  in  the  office  of  the  secretary  of  state.     (95  v.  445-) 

11 


12  GENERAL    PROVISIONS. 

Floral  emblem  SECTION  29.     The  scarlct  camation  is  hereby  adopted 

of  the  state.  ^^  ^j^^  state  flower  of  Ohio  as  a  token  of  love  and  rev- 
erence for  the  memory  of  WilHam  McKinley.     (97  v.  631.) 

Device  of  coat  SECTION  30.     Thq  coat  of  arms  of  the  state  of  Ohio 

the^sSte!*^  shall  consist  of  the  following  device:  A  shield,  in  form, 
a  circle ;  on  it,  in  the  foreground,  on  the  right,  a  sheaf 
of  wheat;  on  the  left,  a  bundle  of  seventeen  arrows,  both 
standing  erect ;  in  the  background,  and  rising  above  the 
sheaf  and  arrows,  a  mountain  range,  over  which  shall  ap- 
pear a  rising  sun.     (R.  S.  Sec.  15.) 


TITLE  111.     EXECUTIVE 

DIVISION  I.     ELECTIVE  STATE  OFFICERS 


CHAPTER  6. 


STATE  COiMAflSSIONER  OF  COMMON  SCHOOLS. 


SECTION 

352.  State  commissioner,  term,   office. 

35:^.  Bond,    amount,    where    deposited. 

354.  Duties. 

355.  School   funds,    supervision;     reports. 

356.  School    laws,    collation,    distribution. 

357.  Forms    for    reports,    instructions. 

358.  Arbor  day  manual. 

359.  Private    schools,    reports    required. 

360.  Annual    report   to   the   governor,    contents. 

361.  School    funds,    fraudulent   use   of,    investi- 


Section 

gation. 

362.  .  Examiner,    appointment,    powers    and    du- 

ties. 

363.  Duty  of  certain  clTicers   in   such   examina- 

tion. 

.'^64.     Report    of   examiner. 

365.     Stenograplier    for   examiner. 

.C66.     Compensation     and     mileage     of     commis- 
sioner. 

367.     Duty   of   judge    and   prosecuting   attorney. 


State  commis- 
sioner of  com- 
mon   schools, 
election    and 
term. 


Bond 


Section  352.  There  shall  be  elected  biennially  a 
state  commissioner  of  common  schools  who  shall  hold  his 
office  for  a  term  of  two  years,  commencing  on  the  second 
Monday  of  July  following  his  election.  He  shall  have  an 
office  in  the  state  house,  in  which  the  books  and  papers 
pertaining  to  his  office  shall  be  kept.     (R.  S.  Sec.  354.) 

Section  353.  Before  entering  upon  the  discharge  of 
the  duties  of  his  office,  the  state  commissioner  of  common 
schools  shall  give  a  bond  to  the  state  in  the  sum  of  five 
thousand  dollars,  with  two  or  more  sureties  approved  by 
the  secretary  of  state,  conditioned  for  the  faithful  dis- 
charge of  the  duties  of  his  office.  Such  bond,  with  the 
approval  of  the  secretary  of  state  and  the  oath  of  office 
indorsed  thereon,  shall  be  deposited  with  the  treasurer  of 
state  and  kept  in  his  office.     (R.  S.  Sec.  355.) 

Section  354.  The  state  commissioner  of  common 
schools  shall  give  attendance  at  his  office  not  less  than  ten 
months  each  year,  except  when  absent  on  official  duty. 
While  holding  such  office  he  shall  not  perform  the  duties 
of  teacher  or  superintendent  of  a  public  or  private  school, 
or  be  employed  as  teacher  in  a  college  or  hold  any  other 
office  or  position  of  employment.  Each  year  he  shall  visit 
each  judicial  district  of  the  state,  superintend  and  en- 
courage teachers'  institutes,  confer  with  boards  of  educa- 
tion and  other  school  officers,  visit  schools  and  deliver 
lectures  on  topics  calerculated  to  subserve  the  interests  of 
popular  education.     (R.  S.   Sees.  356,  357.) 

vSection  355.  The  state  commissioner  of  common 
schools  shall  have  such  supervision  of  the  school  funds 
of  the  state  as  is  necessary  to  secure  their  safety  and  dis-  ^"^  reports 
tribution  as  provided  by  law.  He  may  require  of  auditors 
and  treasurers  of  counties,  boards  of  education,  clerks  and 
treasurers  of  such  boards,  and  other  local  school  officers, 

18 


Duties  of   com- 
missioner. 


Supervision    of 
school    funds 


14 


STATE    COMMISSIONER   OF    COMMON    SCHOOLS. 


Distribution 
of    school  V 
laws. 


Shall   prescribe 
forms. 


Arbor    day 
manual. 


Reports    from 

private 

schools. 


Annual    report 
of  commis- 
sioner. 


copies  of  all  reports  made  by  them  in  pursuance  of  law. 
He  may  also  require  of  such  officers  any  other  information 
he  deems  proper  in  relation  to  the  condition  and  manage- 
ment of  schools  and  school  funds      (R.  S.  Sec.  358.) 

Section  356.  The  state  ccmmissioner  of  common 
schools  shall  collate  the  laws  relating  to  schools  and  teach- 
ers' insL:*^utes,  provide  an  appendix  of  forms  and  instruc- 
tions for  their  execution,  and  cause  as  many  copies 
thereof  as  luay  be  necessary  to  be  printed  in  a  separate 
volume  and  distribute  them  among  the  counties  of  the 
state  for  the  use  of  school  officers.  He  may  revise,  re- 
publish and  distribute  such  laws  as  often  as  changes  are 
made  in  them  which  in  his  opinion  are  of  sufficient  im- 
portance to  require  it.     (R.  S.  Sec.  360.) 

As  to  the  for,t;  and  effect  of  instructions  printed  in  a  book  prepared 
in  pursuance  of  this  section,   see  2  C.   C,  366. 

Section  357.  The  state  commissioner  of  common 
schools  shall  prescribe  suitable  forms  and  regulations  for 
the  reports  and  other  proceedings  required  by  the  school 
laws,  with  such  instructions  for  the  organization  and  gov- 
ernment of  schools  as  he  deems  necessary,  and  transmit 
them  to  the  local  school  officers,  who  shall  be  governed 
thereby  in  the  performance  of  their  duties.  (R.  S.  Sec. 
359-) 

Section  358.  The  state  commissioner  of  common 
schools  shall  issue  each  year  a  manual  for  arbor  day  ex- 
ercises. The  manual  shall  contain  matters  relating  to  for-' 
estry  and  birds,  including  a  copy  of  such  laws  relating  to 
the  protection  of  song  and  insectivorous  birds  as  he  deems 
proper.  He  shall  transmit  copies  of  the  manual  to  the 
superintendents  of  city,  village,  special  and  township  schools 
and  to  the  clerks  of  the  boards  of  education,  who  shall 
cause  them  to  be  distributed  among  the  teachers  of  the 
schools  under  their  charge.  On  arbor  day,  and  other  days 
when  convenient,  the  teachers  shall  cause  such  laws  to  be 
read  to  the  scholars  of  their  respective  schools  and  shall 
encourage  thcni  to  aid  in  the  protection  of  such  birds. 
(07  v.  470  §   14.) 

Section  359.  Each  year  the  state  commissioner  of 
common  schools  shall  require  a  report  of  the  president, 
manager  or  principal  of  each  seminary,  academy  or  private 
scliool.  The  report  shall  be  made  upon  blanks  furnished  by 
the  commissioner  and  contain  a  statement  of  such  facts  as 
he  prescribes.  The  president,  manager  or  principal  shall  fill 
up  and  return  the  blanks  within  a  time  fixed  by  the  com- 
missioner.    (R.  S.  Sec.  363.) 

Section  360.  The  state  commissioner  of  common 
schools  shall  make  an  annual  report  to  the  governor,  which 
shall  contain  a  statement  of  the  amount  and  condition  of 
the  funds  and  property  appropriated  for  purposes  of  ed- 
ucation ;  the  number  of  common  schools  in  the  state,  the 
number  of  scholars  attending  such   schools,  their  sex  and 


STATE    COMMISSIONER   OF   COMMON   SCHOOLS. 


IS 


the  branches  taught;  the  number  of  private  or  select  schools 
in  the  state,  so  far  as  can  be  obtained,  the  number  of 
scholars  attending  such  schools,  their  sex  and  the  branches 
taught;  the  number  of  teachers'  institutes,  the  number  of 
teachers  attending  them,  the  number  of  instructors  and 
lecturers  employed  therein  and  the  amount  paid  to  each ; 
the  estimates  and  accounts  of  expenditures  of  the  public 
school  funds,  plans  for  the  management  and  improvement 
of  common  schools,  and  such  other  information  relative 
to  the  educational  interests  of  the  state  as  the  commissioner 
deems  important.     (R.  S.  Sees.  361,  362.) 

Provisions   for   printing  report,   see    Sec.    2268. 

As  to  the  duty  of  county  auditors  in  transmitting  abstracts  of  school 
statistics  to  state   commissioner  of  common   schools,   see    Sec.   7789. 

Section  361.  When  three  or  more  resident  taxpay- 
ers of  a  school  district  have  reason  to  believe  that  any 
portion  of  the  school  funds  of  the  district  has  been  un- 
lawfully expended  or  misapplied  by  the  officers  thereof, 
or  that  fraudulent  entries  have  been  made  by  an  officer  in 
the  books,  accounts,  vouchers,  or  settlement  sheets  of  the 
district,  or  that  an  officer  has  not  made  settlement  of  his 
account  as  required  by  law,  they  may  make  complaint 
thereof  in  writing,  verify  it  by  the  affidavits  of  at  least 
three  such  taxpayers,  with  the  certificate  of  the  auditor 
of  the  county  that  they  are  taxpayers  attached,  and  file 
such  complaint  with  the  state  commissioner  of  common 
schools.     (R.  S.  Sec.  564.) 

Section  362.  Upon  the  filing  of  the  complaint,  or 
when  for  other  cause  he  deems  it  necessary,  the  state  com- 
missioner of  common  schools  shall  appoint  an  examiner 
to  investigate  the  condition  of  the  school  funds  of  a  dis- 
trict. The  examiner  shall  be  a  trustworthy  and  compe- 
tent accountant  and  shall  have  authority  to  summon  wit- 
nesses before  him  forthwith  upon  written  notice  and  ex- 
amine them  under  oath  administered  by  him.  He  shall 
be  sworn  by  a  person  authorized  by  law  to  administer 
oaths,  and  shall  forthwith  visit  the  school  district,  take 
possession  of  the  books,  papers,  vouchers  and  accounts 
thereof  and   begin   such  investigation.     (R.   S.    Sees.    364. 

365.) 

Section  363.  On  application  of  the  examiner,  the  of- 
ficers of  the  school  district  shall  immediately  place  in  his 
possession-  the  books,  accounts,  contracts,  vouchers  and 
others  papers  relating  to  the  receipts  and  expenditures  of 
the  school  funds.  The  auditor  and  treasurer  of  the  county 
shall  afford  the  examiner  free  access  to  the  records,  books, 
papers,  vouchers  and  accounts  of  their  respective  offices 
relating  to  the  subject  of  the  investigation.     (R.  S.  Sec.  365.) 

Section  364.  After  completing:"  an  investigation,  the 
"Examiner  shall  make  a  report  in  writing  in  duplicate  show- 
ing the  condition  of  the  books,  vouchers  and  accounts  of  the 
district,  the  amount  of  school  funds  received  for  all  pur- 
poses and  from  what  sources,  the  amount  thereof  expended 


Complaint  of 
fraudulent 
use    of   school 
funds. 


Appointment 
of  examiner, 
his   qualifica- 
tions,   power*. 
and   duties. 


Duty  of  cer- 
tain  officers 
in  case  of 
examination. 


Report    of 
examiners. 


i6 


STATE    COMMISSIONER    OF    COMMON    SCHOOLS. 


Stenographer 
for    examiner. 


Compensation 
and    mileage 
of    examiner. 


Duty   of   judge 
and    prosecut- 
ing   attorney. 


and  for  what  purposes  and  the  amount  in  the  treasury.  The 
examiner  shall  file  one  copy  of  the  report  in  the  office  of 
the  clerk  of  the  court  of  common  pleas  of  the  county  in 
which  the  district  is  located,  and  transmit  the  other  to  the 
state  commissioner  of  common  schools.      (R.  S.  Sec.  365.) 

Section  365.  With  the  written  consent  of  the  pros- 
ecuting attorney  or  a  judge  of  the  court  of  common  pleas 
of  the  county  in  which  the  school  district  is  located,  the 
examiner  may  require  the  services  of  the  official  court  sten- 
ographer of  the  county  to  aid  him  in  making  such  exam- 
ination ;  but  tlie  stenographer  shall  receive  no  compensation 
for  such  service  in  addition  to  the  compensation  provided 
for  him  by  law.     (R.  S.  Sec.  364.) 

Section  366.  The  examiner  shall  receive  five  dollars 
for  each  day  necessarily  engaged  in  the  performance  of  his 
duties  and  five  cents  for  each  mile  of  necessary  travel  not 
exceeding  the  distance  from  the  seat  of  government  to  the 
school  district.  The  compensation  and  mileage  of  the  ex- 
aminer shall  be  paid  from  the  county  treasury  upon  the 
warrant  of  the  county  auditor.  If  the  complaint  or  other 
cause  be  sustained,  the  amount  so  paid  shall  be  assessed  by 
the  county  auditor  upon  the  taxable  property  of  the  'school 
district  and  collected  as  other  taxes.     (R.  S.  Sec.  365.) 

Section  367.  A  judge  of  the  court  of  common  pleas 
of  the  proper  county  shall  examine  the  report  of  the  ex- 
aminer filed  with  the  clerk,  and,  if  it  appear  therefrom  that 
any  part  of  the  school  funds  has  been  unlawfully  used  or 
misapplied,  or  that  there  has  been  fraud  in  the  entries, 
accounts,  vouchers,  contracts  or  settlements,  or  that  the 
settlements  have  not  been  made  as  required  by  law;  or, 
if  it  appear  therefrom  that  there  has  been  defalcation  or 
embezzlement  by  an  officer  of  such  district,  he  shall  give 
the  report  specially  in  charge  to  the  grand  jury  at  the  term 
of  court  following  the  filing  of  the  report.  The  prosecut- 
ing attorney  of  the  county  shall  forthwith  prosecute  such 
proceedings,  civil  or  criminal,  or  both,  as  are  authorized  by 
law,  against  the  delinquent  officer  or  officers.      (R.  S.  Sec. 

366.) 


TITLE  IV.     JUDICIAL 


CHAPTER  8. 

JUVENILE   COURT. 


Section 

1G39.     What    courts   to   have   powers    and  juris- 
diction. 

1640.  Seal. 

1641.  Appearance    docket   and    journal. 

1642.  Jurisdiction. 

1643.  When  jurisdiction   terminates. 

1644.  "Delinquent   child"   defined. 

1645.  "Dependent   child"   defined. 

1646.  "Proper  parental  care"  defined* 

1647.  Affidavit. 

1648.  Citation,    warrant,    contempt. 

1649.  Special    room    for   juvenile   court. 

1650.  Hearing. 

1651.  Jury   trial;     costs. 

1652.  Judge  may  commit  child  to  care  of  pro- 

bation officer,   etc. 

1653.  Judge     may     commit     child    to     care     of 

suitable   person. 

1654.  Aiding  or  abetting  delinqueiicy;    penalty. 

1655.  Failure  or  neglect  to  support,  penalty. 
1^6.     Workhouse   sentence,   provisions    in    case 

of. 

1657.  Commitment   in  county   jail,    etc. 

1658.  Citation  after  hearing. 

1659.  Transfer  of  case  to  juvenile  judge. 

1660.  Writs,  to  whom  issued. 

1661.  Expense,   how  paid. 


Section 


1662. 

1663. 
1664. 
1665. 

1666. 
1667. 


1670. 

1671. 

1672. 
1673. 

1674. 
1675. 
1676. 

1677. 
1678. 
1679. 
1680. 

16S1. 
1682. 
16S3. 


Probation  officers,  appointment,  compen- 
sation. 

Duties  and  powers  of  probation  officers. 

Prosecuting  attorney,    duty  of. 

Bail. 

Suspension   of  sentence. 

Forfeit   of   bond. 

Error   proceedings. 

Findings,    not   lawful   evidence. 

Detention  home,  how  established  and 
conducted. 

Expenses  of  detention  home. 

Child  becomes  a  ward,   when. 

May  agree  with  incorporated  institution 
for    care    of    child. 

Agent    of  certain    institutions,    duties  of. 

Board  of   state   charities,    duties  of. 

Articles  of  incorporation  to  be  approved 
by  board  of  state  charities. 

Associations  of   other   states. 

Penalty. 

Religious  belief. 

How  chapter  construed  as  to  industrial 
schools. 

When  child   is   charged  with'  felony. 

Fees  and  costs,   how  paid. 

Chapter  to  be  liberally  construed. 


Section     1639.     Courts    of    common    pleas,    probate   what  courts 
courts,  and  insolvency  courts  and  superior  courts,  where   *°  ^^^^  ?°'*^" 

1  1-'  1       1        1      11    1  1  •  1  1  ^^  ^^^   juns- 

estabiisned,  shall  have  and  exercise,  concurrently,  the  pow-  diction, 
ers  and  jurisdiction  conferred  in  this  chapter.  The  judges 
of  such  courts,  at  such  times  as  they  determine,  shall  des- 
ignate one  of  their  number  to  transact  the  business  arising 
under  such  jurisdiction.  When  the  term  of  the  judge  so 
designated  expires,  or  his  office  terminates,  another  des- 
ignation shall  be  made  in  like  manner.     (99  v.  192  §1.) 

Section  1640.     The  seal  of  the  court,  the  judge  of    gg^j 
which  is  designated  to  transact  such  business,  shall  be  at- 
tached to  all  writs  and  processes.     (99  v.  192  §  2.) 

Section  1641.  The  clerk  of  the  court  of  the  judge  ex- 
ercising the  jurisdiction  shall  keep  an  appearance  docket 
and  a  journal3  in  the  former  of  which  shall  be  entered  the 
style  of  the  case  and  a  minute  of  each  proceeding  and  in  the 
latter  of  which  shall  be  entered  all  orders,  judgments  and 
findings  of  the  court.      (99  v.  192  §  3.) 

Section  1642.  Such  courts  of  common  pleas,  probate 
courts,  insolvency  courts  and  superior  courts  within  the 
provisions  of  this  chapter  shall  have  jurisdiction  over  and 
with  respect  to  delinquent,  neglected  and  dependent  minors, 
under  the  age  of  seventeen  years,  not  inmates  of  a  state  in- 
stitution, or  any  institution  incorporated  under  the  laws  of 
2    s.  h.  17 


Appearance 
docket  and 
jourjial. 


Jurisdiction. 


1 8 


JUVENILE    COURT. 


When  juris- 
diction ter- 
minates. 


^'Delinqti'-nt 
cliild"   de- 
fined. 


"Dependent 
child"  de- 
fined. 


"Proper  pa- 
rental care" 
defined. 


the  State  for  the  care  and  correction  of  deHnquent,  neglected 
and  dependent  children,  and  their  parents,  guardians,  or 
any  person,  persons,  corporation  or  agent  of  a  corporation 
responsible  for  or  guilty  of  causing,  encouraging,  aiding, 
abetting  or  contributing  toward  the  delinquency,  neglect  or 
dependency  of  such  minor.     (99  v.  192  §  4.) 

Section  1643.  When  a  child  under  the  age  of  seven- 
teen years  comes  into  the  custody  of  the  court  under  the 
provisions  of  this  chapter,  such  child  shall  continue  for  all 
necessary  purposes  of  discipline  and  protection,  a  ward  of 
the  court,  until  he  or  she  attains  the  age  of  twenty-one 
years.  The  power  of  the  court  over  such  child  shall  con- 
tinue until  the  child  attains  such  age.     (99  v.  192  §  4.) 

Section  1644.  ^^r  the  purpose  of  this  chapter,  the 
words  "delinquent  child"  includes  any  child  under  seven- 
teen years  of  age  who  violates  a  law  of  this  state  or  city 
or  village  ordinance,  or  who  is  incorrigible;  or  who  know- 
ingly associates  with  thieves,  vicious  or  immoral  persons ; 
or  who  is  growing  up  in  idleness  or  crime;  or  who  know- 
ingly visits  or  enters  a  house  of  ill  repute ;  or  who  knowingly 
patronizes  or  visits  a  policy  shop  or  place  Where  any  gam- 
bling device  is,  or  shall  be,  operated;  or  who  patronizes 
or  visits  a  saloon  or  dram  shop  where  intoxicating  liquors 
are  sold;  or  who  patronizes  or  visits  a  public  pool  or  bil- 
liard room  or  bucket  shop;  or  who  wanders  about  the 
streets  in  the  night  time;  or  who  wanders  about  railroad 
yards  or  tracks,  or  jumps  or  catches  on  to  a  moving  train, 
traction  or  street  car,  or  enters  a  car  or  engine  without 
lawful  authority ;  or  who  uses  vile,  obscene,  vulgar,  profane 
or  indecent  language ;  or  who  is  guilty  of  immoral  conduct ; 
or  who  uses  cigarettes ;  or  who  visits  or  frequents  any 
theater,  gallery  or  penny  arcade  where  lewd,  vulgar  or  in- 
decent pictures  are  exhibited  or  displayed.  A  child  com- 
miitting  any  of  the  acts  herein  mentioned  shall  be  deemed 
a  juvenile  delinquent  person,  and  be  proceeded  against  in 
the  manner  hereinafter  provided.     (99  v.  192  §  5.) 

vSection  1645.  Fo^  the  purpose  of  this  chapter,  the 
words  "dependent  child"  shall  mean  any  child  under  seven- 
teen years  of  age  who  is  dependent  upon  the  public  for 
support ;  or  who  is  destitute,  homeless  or  abandoned ;  or 
who  has  not  proper  parental  care  or  guardianship ;  or  who 
begs  or  receives  alms ;  or  who  is  found  living  in  a  house  of 
ill  fame,  or  with  any  vicious  or  disreputable  persons;  or 
whose  home,  by  reason  of  neglect,  cruelty  or  depravity  on 
the  part  of  its  parents,  guardian  or  other  person  in  whose 
care  it  may  be,  is  an  unfit  place  for  such  child;  or  whose 
environment  is  such  as  to  warrant  the  state,  in  the  interest 
of  the  child,  in  assuming  its  guardianship.     (99  v.  193  §  6.) 

Section  1646.  A  child  within  the  provisions  of  this 
chapter  whose  parents  or  guardian  permits'  it  to  use  or  be- 
come addicted  to  the  use  of  tobacco,  or  intoxicating  liquors 
as  a  beverage  and  not  for  medicinal  purposes,  or  whose 


JUVENILE    COURT. 


19 


parents  or  guardian  rears,  keeps  or  permits  it  in  or  about 
a  saloon  or  place  where  intoxicating  liquors  are  sold,  or  a 
gambling  house  or  place  where  gambling  is  practiced  or 
carried  on,  or  a  house  of  ill  fame  or  ill  repute,  shall  be 
deemed  to  be  without  proper  parental  care  or  guardianship. 
The  word  "child"  or  "children"  may  mean  one  or  more 
children  and  includes  males  and  females.  The  word 
"parent"  may  mean  one  or  both  parents  when  consistent 
with  the  intent  of  this  chapter.  The  word  "minor"  means 
child.     (99  V.  193  §  6.) 

Section  1647.  Any  person  having  knowledge  of  a  Affidavit. 
minor  under  the  age  of  seventeen  years  who  appears  to  be 
either' a  delinquent,  neglected  or  dependent  child,  may  file 
with  the  clerk  of  the  court  of  the  judge  exercising  the 
jurisdiction,  an  affidavit,  setting  forth  the  facts,  which  may 
be  upon  information  and  belief.     (99  v.  193  §  7.) 

Section  1648.  Upon  filing  of  the  affidavit,  a  citation  citation,  war- 
shall  issue,  requiring  such  minor  to  appear,  and  the  person  l^^'  *=°"" 
having  custody  or  control  of  the  child  or  with  whom  it 
may  be,  to  appear  with  the  minor,  at  a  time  and  place  to  be 
stated  in  the  citation;  or  the  judge  may  in  the  first  in- 
stance issue  a  warrant  for  the  arrest  of  such  minor  or  for 
any  person  named  in  the  affidavit  and  charged  therein 
with  having  abandoned,  or  charged  therein  with  neglect  of 
or  being  responsible  for  or  having  encouraged,  aided  or 
abetted  the  delinquency  or  dependency  of  such  child.  A 
parent,  guardian,  or  other  person  not  cited  may  be  sub- 
poenaed to  appear  and  testify  at  the  hearing.  Any  one 
cited  or  subpoenaed  to  appear  who  fails  to  do  so  may  be 
punished  as  in  other  cases  in  the  common  pleas  court  for 
contempt  of  court.  When  a  person  charged  with  violating 
a  provision  of  this  chapter  shall  have  fled  from  justice  in 
this  state,  such  judge  shall  have  all  the  powers  of  a  mag- 
istrate under  the  laws  of  this  state  relating  to  fugitives  from 
justice.     (99  V.  193  §  8.) 

Section   1649.     The  county  commissioners  shall  pro-   special  room 
vide  a  special  room  not  used  for  the  trial  of  criminal  cases,    comt"^^"'^^ 
when  avoidable,  for  the  hearing  of  juvenile  cases.     (99  v. 
194  §  9-) 


Hearing. 


Section'  1650.  On  the  day  named  in  the  citation  or 
upon  the  return  of  the  warrant  of  arrest,  or  as  soon  there- 
after as  may  be,  the  judge  shall  proceed,  in  a  summary 
manner  to  hear  and  dispose  of  the  case,  and  the  person 
arrested  or  cited  to  appear  may  be  punished  in  the  manner 
hereinafter  provided.      (99  v.  194  §  10.) 

Section     1651.     A    person    charged    with    being    re-    j^^^.^  ^^.j^j. 
sponsible  for  or  with  causing,  aiding  or  contributing  to  the    costs, 
delinquency,  dependency  or  neglect  of  a  child,  arrested  or 
cited  to  appear  before  such  court,  at  any  time  before  hear- 
ing, may  demand  a  trial  by  jury,  or  the  judge  upon  his  own 
motion  may  call  a  jury.    The  statutes  relating  to  the  draw- 


20 


JUVENILE    COURT. 


Judge   may 
commit   child 
to  care  of 
probation   of- 
ficer,  etc. 


Judge   may 
commit   child 
to  care  of 
suitable  per- 
son. 


ing  and  impaneling  of  jurors  in  criminal  cases  in  the  court 
of  common  pleas,  other  than  in  capital  cases,  shall  apply  to 
such  jury  trial.  When  a  jury  trial  is  demanded,  or  when 
ordered  by  him,  the  judge  shall  issue  a  precipe  to  the  clerk 
of  the  common  pleas  court,  who  shall  thereupon  proceed  to, 
draw  from  the  jury  wheel,  as  in  other  criminal  cases,  and 
issue  the  venire  to  the  sheriff  of  the  county  for  the  persons 
whose  names  are  so  drawn,  who  shall  serve  and  return  it 
as  in  other  cases.  The  compensation  of  the  jurors,  and  the 
costs  of  the  clerk  and  sheriff  shall  be  taxed  and  paid  as  in 
other  criminal  cases  in  the  common  pleas  court.  (99  v. 
194  §  II.) 

Section  1652.  In  case  of  a  delinquent  child  the  judge 
may  continue  the  hearing  from  time  to  time,  and  may  com- 
mit the  child  to  the  care  or  custody  of  a  probation  officer, 
and  may  allow  such  child  to  remain  at  its  own  home,  subject 
to  the  visitation  of  the  probation  officer,  and  subject  to  be 
returned  to  the  judge  for  further  or  other  proceedings 
whenever  such  action  may  appear  to  be  necessary;  or  the 
judge  may  cause  the  child  to  be  placed  in  a  suitable  family 
home,  subject  to  the  friendly  supervision  of  a  probation 
officer,  and  the  further  order  of  the  judge,  or  he  may 
authorize  the  child  to  be  boarded  in  some  suitable  family 
home  in  case  provision  be  made  by  voluntary  contribution 
or  otherwise  for  the  payment  of  the  board  of  such  child, 
until  suitable  provision  be  made  for  it  in  a  home  without 
such  payment;  or  the  judge  may  commit  such  child,  if  a 
boy,  to  a  training  school  for  boys,  or,  if  a  girl,  to  an  in- 
dustrial school  for  girls,  or  commit  the  child  to  any  in- 
stitution within  the  county  that  may  care  for  delinquent 
children,  or  be  provided  by  a  city  or  county  suitable  for 
the  care  of  such  children,  or  to  the  boys'  industrial  school, 
or  wjiere  it  appears  upon  the  hearing  that  such  delinquent 
child  is  sixteen  years  of  age,  or  over,  and  has  committed 
a  felony,  to  the  Ohio  state  reformatory;  or  to  any  state 
institution  which  may  be  established  for  the  care  of  delin- 
quent boys,  or,  if  a  girl  over  the  age  of  nine  years,  to  the 
girls'  industrial  home  or  to  any  state  institution  which  may 
be  established  for  the  care  of  delinquent  girls.  In  no  case 
shall  a  child,  committed  to  such  institution  be  confined  under 
such  commitment  after  attaining  the  age  of  twenty-one 
years.  A  child  committed  to  such  institution  shall  be  sub- 
ject to  the  control  of  the  trustees  thereof,  who  shall  have 
power  to  parole  such  child  on  such  conditions  as  it  may 
prescribe,  and,  on  the  recommendation  of  the  trustees, 
the  superintendent  shall  have  power  to  discharge  such 
child  from  custody;  or  the  judge  may  commit  the  child  to 
the  care  and  custody  of  an  association  that  will  receive  it, 
embracing  in  its  objects  the  care  of  neglected  or  dependent 
children,  if  duly  accredited  as  hereinafter  provided.  (99 
V.  194  §  12.) 

Section  1653.  When  a  minor  under  the  age  of  seven- 
teen years  is  found  to  be  dependent  or  neglected,  the  judge 
may  make  an  order  committing  such  child  to  the  care  of 


JUVENILE    COURT. 


21 


some  suitable  state  or  county  institution,  or  to  the  care  of 
some  reputable  citizen  of  good  moral  character,  or  to  the 
care  of  some  training  school  or  an  industrial  school,  as 
provided  by  law,  or  to  the  care  of  some  association  will- 
ing to  receive  it,  which  embraces  within  its  objects  the  pur- 
poses of  caring  for  or  obtaining  homes  for  dependent, 
neglected  or  delinquent  children  or  any  of  them,  and  which 
has  been  accredited  as  hereinafter  provided.  When  the 
health  or  condition  of  the  child  shall  require  it,  the  judge 
may  cause  the  child  to  be  placed  in  a  public  hospital  or 
institution  for  treatment  or  special  care,  or  in  a  private 
hospital  or  institution  which  will  receive  it  for  like  purposes 
without  charge.     (99  v.  195  §  13.) 

Section  1654.  Whoever  aids,  abets,  induces,  causes, 
encourages  or  contributes  toward  the  delinquency  of  a 
minor  under  the  age  of  seventeen  years,  as  herein  defined, 
shall  be  fined  not  less  than  ten  dollars  nor  more  than  one 
thousand  dollars  or  imprisoned  not  less  than  ten  days  nor 
more  than  one  year,  or  both.  Each  day  of  such  contribu- 
tion to  such  delinquency  shall  be  deemed  a  separate  offense. 
If  in  his  judgment  it  is  for  the  best  interest  of  a  delinquent 
minor  under  the  age  of  seventeen  years,  the  judge  may 
impose  a  fine  upon  such  delinquent  not  exceeding  ten  dol- 
lars, and  he  may  order  such  person  to  stand  committed 
until  fine  and  costs  are  paid.     (99  v.  195  §  14.) 

Section  1655.  Whoever  is  charged  by  law  with  the 
care,  support,  maintenance  or  education  of  a  minor  under 
the  age  of  seventeen  years,  and  is  able  to  support  or  con- 
tribute toward  the  support  or  education  of  such  minor, 
fails,  neglects,  or  refuses  so  to  do,  or  who  abandons  such 
minor  shall  be  fined  not  less  than  ten  dollars  nor  more  than 
five  hundred  dollars,  or  imprisoned  not  less  than  ten  days 
nor  more  than  one  year,  or  both.  Such  neglect,  non-support 
or  abandonment  shall  be  deemed  to  have  been  committed 
in  the  county  in  which  such  minor  may  be  at  the  time  of 
such  neglect,  non-support  or  abandonment.  Each  day  of 
such  failure,  neglect  or  refusal  shall  constitute  a  separate 
offense,  and  the  judge  may  order  that  such  person  stand 
committed  until  such  fines  and  costs  are  paid.  (99  v. 
196  §   15.) 


Aiding   or 
abetting    de- 
linquency; 
penalty.  | 


Failure    or 
neglect    to 
support,    pen- 
alty. 


Workhouse 
sentence^  pro- 
visions in 


Section  1656.  When  a  person  is  convicted  and  sen- 
tenced under  this  chapter  for  the  abandonment  of  or  for 
the  neglect  of  or  failure  to  maintain  or  support  a  minor,  case  of. 
to  imprisonment  in  a  workhouse,  the  county  from  which 
such  prisoner  is  so  sentenced,  shall  pay  from  the  general 
revenue  fund,  forty  cents,  for  each  day  such  prisoner  is 
so  confined,  to  the  chief  probation  officer  of  such  county, 
to  be  by  him  expended,  under  the  direction  of  the  judge, 
for  the  maintenance  of  the  dependent  minors  of  such 
prisoner,  of  which  expenditure  such  officer  shall  make 
monthly  reports  to  the  judge.  The  county  commissioners 
of  such  county  shall  make  the  allowances  herein  provided 


3.2. 


JUVENILE    GOURT. 


'Commitment 
to   county 
jail,  etc. 


Citation   after 
hearing. 


Transfer  of 
case  to  juve- 
nile judge. 


Writs,   to 
whom    issued. 


Expense,  how 
paid. 


for,  which  shall  be  paid  by  the  county  treasurer  from  the 
county  treasury  upon  the  warrant  ot  the  county  auditor 
in  favor  of  such  probation  officer.     (99  v.  196  §  :6.) 

Sfxtion  1657.  Pending  final  disposition  of  a  case,  the 
judge  may  commit  any  person  arrested  or  cited  to  appear, 
except  the  minor  under  fourteen  years  of  age,  to  the  county 
jail  until  the  case  is  disposed  of,  but  such  trial  shall  be 
commenced  within  four  days  of  such  commitment  unless 
upon  the  request  of  the  defendant.  Pending  final  dis-; 
position,  the  judge  may  direct  that  the  minor  in  question 
be  left  in  the  possession  of  the  person  having  ch'arge  of 
him,  or  that  he  be  kept  in  some  suitable  place  provided 
by  the  county  or  city  authorities.     (99  v.  196  §  17.) 

Section  1658.  If  it  appear  upon  the  hearing  that 
any  person  not  cited  to  appear,  has  probably  aided,  induced, 
caused,  encouraged,  or  contributed  to  the  delinquency  of 
a  minor  under  the  age  of  seventeen  years,  or  that  a  person, 
charged  by  law,  with  the  care,  support,  education  and  main- 
tenance of  any  .minor,  has  abandoned,  failed,  refused,  or 
neglected,  being  able  so  to  do,  to  support  or  sufficiently 
contribute  toward  the  support,  education  and  maintenance 
of  such  minor,  the  judge  may  order  such  person  to  be 
cited  to  appear  at  a  subsequent  day,  or  may  issue  a  war- 
rant to  arrest  such  person  as  heinbefore  provided,  and  upon 
citation,  warrant  and  hearing  the  same  proceedings  may 
be  had  as  in  the  first  instance.    (99  v.  196  §  18.) 

Section  1659.  When  a  minor,  under  the  age  of 
seventeen  years,  is  arrested,  such  child,  instead  of  being 
taken  before  a  justice  of  the  peace  or  police  judge,  shall 
be  taken  directly  before  such  juvenile  judge;  or,  if  the 
child  is  taken  before  a  justice  of  the  p"eace  or  judge  of 
police  court,  it  shall  be  the  duty  of  such  justice  of  the 
peace  or  such  judge  of  the  police  court,  to  transfer  the  case 
to  the  judge  exercising  the  jurisdiction  herein  provided. 
The  officers  having  such  child  in  charge  shall  take  it  before 
such  judge,  who  shall  proceed  to  hear  and  dispose  of  the 
case  in  the  same  manner  as  if  the  child  had  been  brought 
before  the  judge  in  the  first  instance.     (99  v.  197  §  19.) 

Section  1660.  The  warrants,  citations,  subpoenas  and 
other  writs  of  such  judge  may  issue  to  a  probation  officer  of 
any  such  court  or  to  the  sheriff  of  any  county,  and  the  pro- 
visions of  law  relating  to  the  subpoenaing  of  witnesses 
in  criminal  cases  shall  apply  in  so  far  as  they  are  applicable. 
(99  V.  197  §  20.) 

Section  1661.  When  a  warrant  is  issued  to  any  such 
officer,  the  expense  incurred  in  pursuing  and  bringing  the 
person  named  therein  before  such  judge  shall  be  paid  by  the 
county  in  the  manner  prescribed  by  law  for  the  payment  of 
deputies,  assistants  and  other  employes  of  county  officers. 
(99  V.  197  §  21.) 


JUVENILE    COURT. 


23 


Section  1662.  The  judge  designated  to  exercise  juris-  Probation  o£- 
diction  may  appoint  one  or  more  discreet  persons  of  good  ^^^^'^  comp?n- 
moral  character,  one  or  more  of  whom  may  be  women,  saiioA. 
to  serve  as  probation  officers,  during  the  pleasure  of  the 
judge.  One  of  such  officers  shall  be  known  as  chief  pro- 
bation officer  and  there  may  be  first,  second  and  third  as- 
sistants. Such  chief  probation  officer  and  the  first,  sec- 
ond and  third  assistants  shall  receive  such  compensation 
as  the  judge  appointing  them  may  designate  at  the  time 
of  the  appointment,  but  the  compensation  of  the  chief  pro- 
bation officer  shall  not  exceed  twenty-five  hundred  dollars 
per  annum,  that  of  the  first  assistant  shall  not  exceed  twelve 
hundred  dollars  per  annum,  and  of  the  second  and  third 
shall  not  exceed  one  thousand  dollars  per  annum,  each 
payable  monthly.  The  judge  may  appoint  other  probation 
officers,  with  or  without  compensation,  but  the  entire  com- 
pensation of  all  probation  officers  in  any  county  shall  not 
exceed  the  sum  of  forty  dollars  for  each  full  thousand 
inhabitants  of  the  county  at  the  last  federal  census,  and  in 
no  case  shall  the  entire  compensation  of  all  probation 
officers  in  any  county  exceed  the  sum  of  seven  thousand 
five  hundred  dollars.  The  compensation  of  the  probation 
officers  shall  be  paid  by  the  county  treasurer  from  the 
county  treasury  upon  the  warrant  of  the  county  auditor, 
which  shall  be  issued  upon  itemized  vouchers  sworn  to  by 
the  probation  officers  and  certified  to  by  the  judge  of  the 
juvenile  court.     (99  v.  197  §  22.) 

Section  1663.  When  a  complaint  is  made  or  filed 
against  a  minor,  the  probation  officer  shall  inquire  into  and 
make  examination  and  investigation  into  the  facts  and 
circumstances  surrounding  the  alleged  delinquency,  neglect, 
or  dependency,  the  parentage  and  surroundings  of  such 
minor,  his  exact  age,  habits,  school  record,  and  every  fact 
that  will  tend  to  throw  light  upon  his  life  and  character. 
He  shall  be  present  in  court  to  represent  the  interests  of 
the  child  when  the  case  is  heard,  furnish  to  the  judge 
such  information  and  assistance  as  he  may  require,  and 
take  charge  of  any  child  before  and  after  the  trial  as  the 
judge  may  direct.  He  shall  serve  the  warrants  and  other 
process  of  the  court  within  or  without  the  county,  and  in 
that  respect  is  hereby  clothed  with  the  powers  and  authority 
of  sheriffs.  He  may  make  arrests  without  warrant  upon 
reasonable  information  or  upon  view  of  the  violation  of 
any  of  the  provisions  of  this  chapter,  detain  the  person  so 
arrested  pending  the  issuance  of  a  warrant,  and  perform 
such  other  duties,  incident  to  their  offices,  as  the  judge 
directs.  All  sheriffs,  deputy  sheriffs,  constables,  marshals 
and  police  officers  shall  render  assistance  to  probation  of- 
ficers, in  the  performance  of  their  duties,  when  requested  so 
to  do.     (99  V.  198  §  23.) 

Section  1664.  On  the  request  of  the  judge  exercis- 
ing such  jurisdiction,  the  prosecuting  attorney  of  the  county 
shall  prosecute  all  persons  charged  with  violating  any  of 
the  provisions  of  this  chapter.     (99  v.  198  §  24.) 


Duties    and 
powers   of   pro- 
bation  officers. 


Prosecuting 
attorney,   duty 
of. 


24 


JUVENILE    COURT. 


Bail. 


Suspension 
of   sentence. 


Forfeit   of 
bond. 


Error  pro- 
ceedings. 


Section  1665.  The  provisions  of  law  relating  to  bail 
in  criminal  cases  in  the  common  pleas  court  shall  apply 
to  persons  committed  or  held  under  the  provisions  of  this 
chapter  so  far  as  they  are  applicable.     (99  v.  198  §  25.) 

Section  1666.  In  every  case  of  conviction  and  where 
imprisonment  is  imposed  as  part  of  the  punishment,  such 
judge  may  suspend  sentence  upon  such  conditions  as  he 
imposes.     (99  v.  198  §  26.) 

Section  1667.  When,  as  a  condition  of  suspension  of 
sentence,  bond  is  required  and  given,  upon  the  failure  of 
a  person  giving  such  bond  to  comply  with  the  terms  and 
conditions  thereof,  such  bond  may  be  forfeited,  the  sus- 
pension terminated  by  the  judge,  the  original  sentence  ex- 
ecuted as  though  it  had  not  been  suspended,  and  the  term 
of  any  jail  or  workhouse  sentence  imposed  in  such  case 
shall  commence  from  the  date  of  imprisonment  of  such 
person  after  such  forfeiture  and  termination  of  suspension. 
Any  part  of  such  sentence  which  may  theretofore  have  been 
served,  shall  be  deducted  from  any  such  period  of  impris- 
onment.    (99  V.  198  §  27.) 

Section  1668.  The  provisions  of  law  relating  to  error 
proceedings  from  the  court  of  common  pleas,  including  the 
allowance  and  signing  of  bills  of  exceptions  shall  apply 
to  prosecutions  of  persons  over  seventeen  years  of  age 
under  this  chapter,  and  from  judgment  of  the  judge  in 
such  prosecutions  error  may  be  prosecuted  to  the  circuit 
court  of  the  county  under  laws  governing  prosecutions"  of 
proceedings  in  error  in  other  criminal  cases,  to  such  cir- 
cuit court.     (99  V.  198  §  28.) 

Section  1669.  The  disposition  of,  or  any  order,  judg- 
ment, or  finding  against  a  child  under  this  chapter,  or  any 
evidence  given  in  any  proceeding  thereunder,  shall  not 
in  any  civil,  criminal  or  other  cause  or  proceeding  whatever 
in  any  court,  be  lawful  or  proper  evidence  against  such 
child  for  any  purpose  whatever,  except  in  subsequent  cases 
herein  against  the  same  child.     (99  v.  199  §  29.) 

Detention  SECTION  1670.     Upon  the  advicc  and  recommendation 

?a°bHskid^aSr  of  the  judge  exercising  the  Jurisdiction  provided  herein, 
conducted.  the  county  commissioners  may  provide  by  purchase  or 
lease,  a  place  to  be  known  as  a  "detention  home"  within  a 
convenient  distance  of  the  court  house,  not  used  for  the 
confinement  of  adult  persons  charged  with  criminal  offenses, 
where  delinquent,  dependent  or  neglected  minors  under  the 
age  of  seventeen  years  may  be  detained  until  final  dispo- 
sition, which  shall  be  maintained  by  the  county  as  in  other 
like  cases.  In  counties  having  a  population  in  excess  of 
forty  thousand,  the  judge  may  appoint  a  superintendent  and 
matron  who  shall  have  charge  of  such  home,  and  of  the 
delinquent,  dependent  and  neglected  minors  detained  therein. 
Such  superintendent  and  matron  shall  be  suitable  and  dis- 
creet persons,  qualified  as  teachers  of  children.     Such  home 


Findings,    not 
lawful  evi- 
dence. 


JUVENILE    COURT. 


2S 


shall  be  furnished  in  a  comfortable  manner  as  nearly  as 
may  be  as  a  family  home.  The  compensation  of  the  super- 
intendent and  matron  shall  be  fixed  by  the  county  com- 
missioners. Such  compensation  and  the  expense  of  main- 
taining the  home  shall  be  paid  from  the  county  treasury 
upon  the  warrant  of  the  county  auditor,  which  shall  be 
issued  upon  the  itemized  voucher,  sworn  to  by  the  super- 
intendent and  certified  by  the  judge.     (99  v.  199  §  30.) 

Section:-  1671.  When  such  detention  home  is  pro- 
vided by  the  county  commissioners,  and  upon  such  home  Some 
being  recommended  by  the  judge,  the  commissioners  shall 
enter  an  order  on  their  journal  transferring  to  the  proper 
fund  from  any  other  fund  or  funds  of  the  county,  in  their 
discretion,  such  sums  as  may  be  necessary  to  purchase  or 
lease  such  home  and  properly  furnish  and  conduct  it  and 
pay  the  compensation  of  the  superintendent  and  matron. 
The  commissioners  shall  likewise  upon  the  appointment  of 
probation  officers,  transfer  to  the  proper  fund  from  any 
other  fund  or  funds  of  the  county,  in  their  discretion,  such 
sums  as  may  be  necessary  to  pay  them,  and  such  transfers 
shall  be  made  upon  the  authority  of  this  chapter.  At  the 
next  tax  levying  period,  provisions  shall  be  made  for  the 
expenses  of  the  court.     (99  v.  199  §  30.) 

Section  1672.  If  the  court  awards  a  child  to  the 
care  of  an  association  or  individual  in  accordance  with  these 
provisions,  unless  otherwise  ordered,  the  child  shall  become 
a  ward,  and  be  subject  to  the  guardianship  of  such  associa- 
tion or  individual.  Such  association  or  individual  may  place 
such  child  in  a  family  home,  with  or  without  indenture, 
and  shall  be  made  party  to  any  proceedings  for  the  legal 
adoption  of  the  child,  and  may  appear  in  any  court  where 
such  proceedings  are  pending,  and  assent  to  such  adoption. 
Such  assent  shall  be  sufficient  to  authorize  the  judge  to 
enter  the  proper  order  or  decree  of  adoption.  Such  guard- 
ianship shall  not  include  the  guardianship  of  any  estate 
of  the  child.     (99  v.  199  §  31.) 

Section  1673.  The  parents,  parent,  guardian  or  other 
person  or  persons  having  the  right  to  dispose  of  a  depend- 
ent or  neglected  child  may  enter  into  an  agreement  with 
emy  association  or  institution,  incorporated  under  any  law 
of  this  state,  which  has  been  approved  as  herein  provided, 
for  the  purpose  of  aiding,  caring  for  or  placing  in  homes 
such  children,  or  for  the  surrender  of  such  child  to  such 
association  or  institution,  to  be  taken  and  cared  for  by  such 
association  or  institution,  or  put  into  a  family  home.  Such 
agreement  may  contain  any  and  all  proper  stipulations  to 
that  end,  and  may  authorize  the  association  or  institution, 
to  appear  in  any  proceeding  for  the  legal  adoption  of  such 
child,  and  consent  to  its  adoption.  The  order  of  the  judge 
made  upon  such  consent  shall  be  binding  upon  the  child 
and  its  parents,  guardian  or  other  person,  as  if  such  person 
were  personally  in  court  and  consented  thereto,  whether 
made  party  to  the  proceeding  or  not.     (99  v.  200  §  32.) 


Expenses  of 
detention 


Child  becomes- 
a  ward,  when. 


May   agree 
with   incorpo- 
rated   institu- 
tion   for   care- 
of    child. 


26 


JUVENILE    COURT. 


Agent  of  cer- 
tain   institu- 
tions, duties 
of. 


Board  of  state 
charities,    du- 
ties   of. 


Articles     of 
incorporation 
to  be  ap- 
proved by 
board  of  state 
charities. 


Section  1674.  The  board  of  trustees  of  the  boys'  in- 
dustrial school,  and  of  the  girls'  industrial  home,  and  the 
managers  of  any  other  institution  to  which  juvenile  delin- 
cjuents  may  be  committed,  may,  each,  maintain  an  agent 
of  such  institution,  who  shall  examine  the  home  of  chil- 
dren paroled  for  the  purpose  of  reporting  to  such  trustees 
or  managers  whether  they  are  suitable  homes,  and  assist 
children  paroled  or  discharged  from  such  institution  in 
finding  suitable  employment,  and  maintain  a  friendly  super- 
vision over  paroled  inmates.  Such  agents  shall  hold  office 
subject  to  the  pleasure  of  the  board  making  the  appoint- 
ment and  shall  receive  such  compensation  as  the  board 
may  determine  from  funds  appropriated  for  such  institu- 
tion appHcable  thereto.     (99  v.  200  §  33.) 

Section  1675.  All  associations  receiving  children  here- 
under shall  be  subject  to  the  same  visitatioti,  inspection 
and  supervision  by  the  board  of  state  charities  as  are  the 
public  charitable  institutions  of  the  state.  Such  board  shall 
annually  pass  upon  the  fitness  of  every  such  association  as 
receives,  or  desires  to  receive,  children  under  the  provision 
of  this  chapter.  Annually  at  such  time  as  the  board  shall 
direct,  each  such  association  shall  make  a  report,  showing 
its  condition,  management  and  competency,  adequately  to 
care  for  such  children  as  are,  or  may  be  committed  to  it, 
and  such  other  facts  as  the  board  requires.  When  the 
board  is  satisfied  as  to  the  care  given  such  children,  it 
shall  issue  to  the  association  a  certificate  to  that  effect, 
which  shall  continue  in  force  for  one  year  unless  sooner 
revoked  by  the  board.  No  child  shall  be  committed  to 
an  association  which  has  not  received  such  certificate  within 
fifteen  months  next  preceding  the  commitment.  At  any 
time,  the  judge  may  require  from  an  association  receiving 
or  desiring  so  to  receive  children  such  reports,  information 
and  statements  as  he  deems  proper  and  necessary.  He  may 
at  any  time  require  from  an  association  or  institution,  re- 
ports, information  or  statements  concerning  any  child  or 
children  committed  to  it  by  him  under  the  provisions  of 
this  chapter.     (99  v.  200  §  34.) 

Section  1676.  No  association  whose  objects  may  em- 
brace the  care  of  dependent,  neglected  or  delinquent  chil- 
dren shall  hereafter  be  incorporated  unless  the  proposed  ar- 
ticles of  incorporation  shall  have  been  submitted  first  to 
the  board  of  state  charities.  The  secretary  of  state  shall 
not  issue  a  certificate  of  incorporation  unless  there  shall 
first  be  filed  in  his  office  the  certificate  of  the  secretary  of 
the  board  of  state  charities  that  he  has  examined  the 
articles  of  incorporation,  and  that  in  his  judgment  the 
incorporators  are  reputable  and  respectable  persons,  that 
the  proposed  work  is  needed,  and  the  incorporation  of 
such  association  is  desirable  and  for  the  public  ^  good. 
Amendments  proposed  to  the  articles  of  incorporation  of 
any  such  association  shall  be  submitted  in  like  manner  to 
the  board  of  state  charities,  and  the  secretary  of  state  shall 


JUVENILE    COURT, 


V 


not  record  such  amendment  or  issue  his  certificate  therefor 
unless  there  shall  first  be  filed  in  his  office  the  certificate 
of  the  secretary  of  the  board  of  state  charities  that  he  has 
examined  such  amendment,  that  the  association  in  question 
is,  in  his  judgment,  performing  in  good  faith  the  works 
undertaken  by  it,  and  that  such  amendment  i.-',  in  his 
judgment,  a  proper  one,  and  for  the  public  good.  (99  v. 
201    §   35.) 

Section  -1677.  No  association,  incorporated  under  the  Associations 
laws  of  any  other  state,  shall  place  a  child  in  a  family  g^^gg^^^ 
home  within  the  boundaries  of  this  state,  either  with  or 
without  indenture  or  for  adoption,  unless  such  association 
shall  have  furnished  the  state  board  of  charities  with  such 
guaranty  as  it  may  require  that  no  child  having  a  contagious 
disease,  deformity,  feeble  mind  or  vicious  character,  shall 
be  brought  into  the  state  by  such  association  or  its  agonts, 
ai^i  that  such  association  will  promptly  receive  and  remove 
froiii  the  state  a  child  brought  into  the  state  by  its  agents, 
which  shall  become  a  public  charge  within  the  period  of 
five  years  thereafter.     (99  v.  201  §  36.) 

Section  1678.  Whoever  shall  place  in  a  home  or  Penalty. 
receive  to  be  placed  in  a  home  a  child  in  behalf  of  any 
association  incorporated  in  any  other  state  which  has  not 
complied  with  the  requirements  of  this  chapter  shall  be 
imprisoned  in  the  county  jail  not  more  than  thirty  days,  or 
fined  not  less  than  five  dollars  or  more  than  one  hundred 
dollars,  or  both,  in  the  discretion  of  the  judge.     (99  v.  201 

§  36.) 

Section  1679.  The  judge  in  committing  children  shall 
place  them,  so  far  as  practicable,  in  the  care  and  custody 
of  an  individual  holding  the  same  religious  belief  as  such 
child  or  its  parents,  or  with  some  association  which  is  con- 
trolled by  persons  of  like  religious  faith  as  such  child  or 
its  parents.  (99  v.  202  §  37.) 


Religious   be- 
lief. 


Section   1680.     Nothing  herein  shall  be  construed  to   piow  chapter 
repeal  any  provision  of  law  relating  to  the  boys'  industr" 
school  or  the  girls'  industrial  home.     (99  v.  202  §  38.) 


to    industrial 
schools. 


Section  1681.  When  any  information  or  complaint  when  child  is 
shall  be  filed  against  a  delinquent  child  under  these  pro-  fl-'fJif^^  ^**^ 
visions,  charging  him  with  felony,  the  judge  may  order 
such  child  to  enter  into  a  recognizance,  with  good  and 
sufficient  surety,  in  such  amount  as  he  deems  reasonable, 
for  his  appearance  before  the  court  of  common  pleas  at 
the  next  term  thereof.  The  same  proceedings  shall  be  had 
thereafter  upon  such  complaint  as  now  authorized  by  law 
for  the  indictment,  trial,  judgment  and  sentence  of  any 
other  person  charged  with  a  felony.     (99  v.  202  §  39.) 

Section  1682.     Fees  and  costs  in  all  such  cases  with    pees  and  costs, 
such  sums  as  are  necessary  for  the  incidental  expenses  of    ^o^  p^i<^- 
the  court  and  its  officers,  and  the  costs  of  transportation  of 


28  JUVENILE    COURT. 

children  to  places  to  which  they  have  been  committed,  shall 
be  paid  from  the  county  treasury  upon  itemized  vouchers, 
certified  to  by  the  judge  of  the  court.     (99  v.  202  §  40.) 

Chapter  to  be  SECTION    1683.     This   chapter   shall  be   liberally   con- 

straed^^  ^°"  strued  to  the  end  that  proper  guardianship  may  be  pro- 
vided for  the  child,  in  order  that  it  may  be  educated  and 
cared  for,  as  far  as  practicable  in  such  manner  as  best 
subserves  its  moral  and  physical  welfare,  and  that,  as  far 
as  practicable  in  proper  cases,  the  parent,  parents,  or  guar- 
dian of  such  child  may  be  compelled  to  perform  their 
moral  and  legal  duty  in  the  interest  of  the  child.  (99 
V.  202  §  40.) 


TITLE  XIII.     PUBLIC  SCHOOL  DISTRICTS 


CHAPTER  I. 
CHAPTER  2. 
CHAPTER  3. 
CHAPTER  4. 
CHAPTER  5. 
CHAPTER  6. 
CHAPTER  7. 


Classification  of  Districts. 
City  School  Districts. 
Village  School  Districts. 
Township  School  Districts. 
Special  School  Districts. 
Boards  of  Education. 
Treasurer  and  Clerk. 


CHAPTER  1. 

CLASSIFICATION  OF  DISTRICTS. 


Section 

4679.  School   districts   classified. 

4680.  City   school    districts. 
Village  school  districts. 
Village     with     less     than     one     hundred 

thousand  tax  valuation. 
Township   school   districts. 
Special   school   district. 
Territory    must   be   contiguous. 


4681. 
4682. 


4684 
4685 


advancement  and  reduction. 

4686.  Change    of    classification    upon    advance- 

ment or   reduction. 

4687.  School  district  in  newly  created  munici- 

pality. 

4688.  School     district     in     villages     upon     sur- 

render of  corporate  powers. 

4689.  Disposal  of   property  in   such  cases. 


annexation. 

,wvy.    xxx.xi^.^c»aon    of    territory    i.^^ 

lage. 
4691.     Attaching   village    territory. 


Section 

4690.    Annexation    of    territory    to    city    or   vil- 


transfer  of  territory. 

4692.  Transfer    of    territory    from    one    school 

district  to  another, 

4693.  Transfer  of  territory  on  petition. 

4694.  Notice  of  hearing. 

4695.  Judgment  and  costs. 

4696.  Apportionment  of  funds  or  indebtedness 

when    territory    is   transferred. 

4697.  Territory     situated     in      two      or     more 

counties. 


Section  4679.     The  school  districts  of  the  state  shall    School  dis 
be  styled,  respectively,  city  school  districts,  village  school    ^"5!^  ^^^^^^' 
districts,  township  school  districts  and  special  school  dis- 
tricts.    (R.  S.  Sec.  3885.) 

Common    school    districts   and   boards    of   education    are    not    corporations 
within  the  meaning  of  §  1,  Art.  XIII,   of  the  Constitution.     38  O.   S.,  54. 
Special   districts;     see  46   O.    S.,  275. 

Section  4680.  Each  city,  together  with  the  territory 
attached  to  it  for  school  purposes,  and  excluding  the  ter- 
ritory within  its  corporate  limits  detached  for  school  pur- 
poses, shall  constitute  a  city  school  district.  (R.  S.  Sec. 
3886.) 

Section  4681.  Each  village,  together  with  the  ter- 
ritory attached  to  it  for  school  purposes,  and  excluding  the 
territory  within  its  corporate  limits  detached  for  school  pur- 
poses, and  having  in  the  district  thus  formed  a  total  tax 
valuation  of  not  less  than  one  hundred  thousand  dollars, 
shall  constitute  a  village  school  district.     (R.  S.  vSec.  3888.) 

The  board  of  education  of  a  township  established  a  central  or  high 
school  and  located  it  in  a  sub-district.  The  territory  comprised  in  the  sub- 
district  after  the  establishment  of  the  central  high  school,  and  before  the 
act  of  May  1,  1873,  was  formed  into  an  incorporated  village;  held,  that  the 
property  of  the  central  or  high  school  and  the  management  of  the  school  did 
not,  by  virtue  of  said  last  mentioned  act,  pass  to  the  board  of  education  of 
the  village.     41   O.    S.,  680. 

29 


City  school 
districts. 


Village   school 
district. 


30 


CLASSIFICATION     OF    DISTRIITS. 


Village  with  Section  4682.     A  village,  together  with  the  territory 

ifundred"thous.  attached  to  it  for  school  purposes,  and  excluding  the  ter- 
and  tax  Htory  within  its  corporate  limits  detached  for  school  pur- 

poses, with  a  tax  valuation  of  less  than  one  hundred 
thousand  dollars,  shall  not  constitute  a  village  school  dis- 
trict, but  the  proposition  to  dissolve  or  organize  such  village 
school  district  shall  be  submitted  by  the  board  of  education 
to  the  electors  of  such  village  at  any  general  election,  and 
be  so  determined  by  a  majority  vote  of  such  electors.  (R. 
S.  Sec.  3888.) 

Township  Section  4683.     Each  civil  township,  together  with  the 

school  districts,  territory  attached  to  it  for  school  purposes,  and  excluding 
the  territory  within  its  established  limits  detached  for 
school  purp'oses,  shall  constilute  a  township  school  dis- 
trict.     (R.  S.   Sec.  3890.) 

Special  school  SECTION  4684.     Any  school  district,  other  th^n  a  city, 

district.  village  or  township  school  district,  and  any  school  district 

organized  under  the  provisions  of  chapter  five  of  this  title, 

shall  constitute  a  special  school  district.     (R.  S.  Sec.  3891.) 

The  formation  of  a  special  school  district  from  territory  within  the  limits 
of  a  township,  by  special  act,  is  in  conflict  with  Sec.  26,  Art.  II,  of  the  Con- 
stitution.    73  O.   S.,   54;     46  O.    S.,  275;  S8  O.   S.,  54. 

Territory  must  Section    4685.      The    territory    included    within    the 

be  contiguous.   i^Qundaries  of  a  city,  village  or  special  school  district  shall 


be  contiguous.     (R.  S.  Sec.  3892.) 


In    regard   to    change    in    sub-districts,    see    Sec.    4716. 

A  sub-district   is  not   a  school   district  within  the   meanhii 


of   the  law. 


advancement  and  redlxtion. 


Chan^  of 
classification 
upon  advance- 
ment or  reduc- 


School  district 
in   newly 
created  mu- 
nicipality. 


School  district 
in  villages 
upon  surren- 
der of  corpo- 
rate powers. 


Section  4686.  When  a  village  is  advanced  to  a  city, 
the  village  school  district  shall  thereby  become  a  city  school 
district.  When  a  city  is  reduced  to  a  village,  the  city 
school  district  shall  thereby  become  a  village  school  dis- 
trict. The  members  of  the  board  of  education  in  village 
school  districts  that  are  advanced  to  city  school  districts, 
and  in  city  school  districts  that  are  reduced  to  village  school 
districts  shall  continue  in  office  until  succeeded  by  the 
members  of  the  board  of  education  of  the  new  district, 
who  shall  be  elected  at  the  next  succeeding  annual  elec- 
tion for  school  board  members.     (R.  S.  Sec.  3889.) 

Section  4687.  Upon  the  creation  of  a  village,  it  shall 
thereby  become  a  village  school  district,  as  herein  pro- 
vided, and,  if  the  territory  of  such  village  previous  to  its 
creation  was  included  within  the  boundaries  of  a  special 
school  district  and  such  special  school  district  included 
more  territory  than  is  included  within  the  village,  such 
territory  shall  thereby  be  attached  to  such  village  school 
district  for  school  purposes.     (R.  S.  Sec.  3889.) 


Section  4688.  When  a  village  surrenders  its  cor- 
porate powers  or  dissolves  a  village  school  district,  as 
herein  provided,  the  village  school  district  shall  be  thereby 


CLASSIFICATION     OF    DISTRICTS. 


31 


abolished  and  the  territory  formerly  constituting  such  vil- 
lage district  shall  become  a  part  of  the  township  school 
district  or  districts  of  the  civil  township  or  townships  in 
which  it  is  situated,  and  all  school  property  shall  pass  to 
and  become  vested  in  the  township  board  of  education  of 
the   civil   township   in   which   it   is   situated.      (R   S.    Sec. 

3889.) 

Section  4689.  The  provisions  of  law  relating  to  the  Disposal  of 
power  to  settle  claims,  dispose  of  property  or  levy  and  .uch^cases" 
collect  taxes  to  pay  existing  obligations  of  a  village  that 
has  surrendered  its  corporate  powers,  shall  also  apply  to 
such  village  school  district  and  the  board  of  education 
thereof.  If  such  village  school  district  is  situated  in  two 
or  more  townships,  any  distribution  of  funds  shall  be 
made  in  proportion  to  the  total  tax  valuation  of  the  prop- 
erty situated  in  the  several  townships.     (R.  S.  Sec.  3889.) 


ANNEXATION. 

Section  4690.  When  territory  is  annexed  to  a  city 
or  village,  such  territory  thereby  becomes  a  part  of  the 
city  or  village  school  district,  and  the  legal  title  to  school 
property  in  such  territory  for  school  purposes  shall  remain 
vested  in  the  board  of  education  of  the  school  district  from 
which  such  territory  was  detached,  until  such  time  as  may 
be  agreed  upon  by  the  several  boards  of  education  when 
such  property  may  be  transferred  by  warranty  deed.  In 
case  of  disagreement  between  such  boards  of  education. 
like  proceedings  shall  be  had  by  application  to  the  probate 
court  as  are  provided  by  law  in  case  of  the  transfer  of 
property  from  one  school  district  to  another.     (R.  S.  Sec. 

3893-) 

Section  4691.  When  territory  located  within  the  cor- 
porate limits  of  a  village  is  attached  for  school  purposes 
to  a  district  other  than  the  village  school  district,  and  the 
boards  of  education  of  the  districts  are  unable  to  agree  as 
to  the  transfer  of  such  territory,  the  board  of  education  of 
the  village  school  district  may  file  a  petition  in  the  pro- 
bate court,  asking  for  the  transfer  of  territory  within  the 
corporate  limits  of  the  village,  and  the  probate  court  shall 
have  the  same  jurisdiction  and  powers  as  are  provided  by 
the  preceding  section  in  case  of  disagreement  between 
boards.     (R.  S.  Sec.  3893.) 


Annexation  of 
territory  to 
city  or  village. 


Attaching    vil- 
lage  territory. 


TRANSFER    OF    TERRITORY. 

Section  4692.  Any  school  district  or  a  part  thereof 
may  be  transferred  to  an  adjoining  school  district  by  the 
mutual  consent  of  the  boards  of  education  having  control  of 
such  districts.  To  secure  such  consent,  it  shall  be  necessary 
for  each  of  the  boards  to  pass  a  resolution  indicating  the 
action  taken  and  definitely  describing  the  territory  to  be 
transferred.  The  passage  of  such  resolution  shall  require 
a  majority  vote  of  the  full  membership  of  each  board  by 


Transfer  of 
territory   from 
one  school  dis- 
trict to  an- 
other. 


32 


CLASSIFICATION     OF    DISTRICTS. 


Transfer  of 
territory  on 
vpetltlon. 


a  yea  and  nay  vote,  and  the  vote  of  each  member  shall  be 
entered  on  the  records  of  such  boards.  Such  transfer  shall 
not  take  effect  until  a  map,  showing  the  boundaries  of  the 
territory  transferred,  is  placed  upon  the  records  of  such 
boards  and  copies  of  the  resolution  certified  to  the  presi- 
dent and  clerk  of  each  board  together  with  a  copy  of  such 
map  are  filed  with  the  auditor  or  auditors  of  the  county 
or  counties  in  which  such  transferred  territory  is  situated. 
(R.  S.  Sec.  3894.) 

Section  4693.  Territory  may  also  be  transferred  from 
one  school  district  to  another  as  follows :  A  petition, 
signed  by  not  less  than  one-half  of  the  qualified  male 
citizens  who  are  electors,  residing  in  the  territory  sought 
to  be  transferred  and  accompanied  by  a  correct  map  of  the 
territory,  shall  be  filed  with  the  clerks  of  the  boards  of 
education  interested.  If  such  boards  of  education  fail  or 
refuse  to  transfer  such  territory  by  mutual  consent,  as 
herein  provided,  within  sixty  days  from  the  filing  of  the 
petition  and  map,  the  petitioner  shall  file  a  copy  of  the 
petition  and  map  in  the  probate  court  of  the  county  in 
which  the  territory  is  situated,  or,  if  it  be  situated  in  two 
or  more  counties,  in  the  probate  court  of  the  county  con- 
taining the  largest  proportionate  share  of  the  territory  to 
be  transferred.  The  petitioners  shall  give  satisfactory  se- 
curity for  the  costs  in  the  sum  of  one  hundred  dollars, 
conditioned  that  they  will  pay  all  the  costs  in  case  the  trans- 
fer is  not  granted.     (R.  S.  Sec.  3895.) 

Section  4694.  Thereupon  the  probate  judge  shall  fix 
a  day  for  the  hearing  of  the  petition  and  cause  to  be 
published  for  four  consecutive  weeks  in  two  newspapers 
of  opposite  politics  printed  and  of  general  circulation  in 
the  county,  a  notice  of  the  filing  of  the  petition  and  of  the 
time  of  the  hearing.  He  shall  also  notify  the  clerks  of 
the  boards  of  education  interested  of  the  filing  of  the  peti- 
tion and  the  time  of  hearing.     (R.  S.  Sec.  3895.) 

Section  4695.  The  probate  judge  may  hear  and  de- 
termine the  case  and  give  judgment  for  or  against  such 
transfer,  and  his  judgment  shall  be  final.  In  case  the  find- 
ing is  ^against  the  transfer,  judgment  shall  be  rendered 
against  the  petitioners  for  the  costs  of  the  proceedings. 
If  the  finding  is  for  the  transfer,  judgment  shall  be  ren- 
dered against  each  of  the  boards  of  education  interested 
for  one-half  of  the  costs  or,  if  more  than  two  boards  are 
interested,  judgment  shall  be  rendered  against  each  for  its 
equal  proportionate  share  of  the  costs.  A  certified  copy  of 
the  findings  of  .the  court,  together  with  a  copy  of  the  map 
of  the  territory  transferred  shall  be  filed  by  the  probate 
judge  in  the  office  of  the  county  auditor.  (R.  S.  Sec. 
3895.) 
,    ,  Section  4696.     When  territory  is  so  transferred  from 

K,..    funds  or  ,         ,      ,~    -'.  ,  .-^  .      ^  ,         ,.    .    .  , 

indebtedness      one   school  Qistrict   to   another,   the   equitable   division   01 
^I^^r"ns7e"^edl'  funds   or   indebtedness   shall   be   determined   upon   at   the 


Notice   of 
hearing. 


Judgment 
-and  costs. 


Apportionment 


CLASSIFICATION     OF    DISTRICTS.  33 

time  of  the  transfer.  When  territory  is  transferred  from 
one  district  to  another  by  proceedings  in  the  probate  court 
or  by  the  annexation  of  territory  to  a  city  or  village,  the 
proper  division  of  funds  in  the  treasury,  or  in  process  of 
collection,  of  the  board  of  education  of  the  school  district 
from  which  the  territory  is  detached,  shall,  upon  appli- 
cation to  the  probate  court  of  the  county  in  which  such 
territory  is  situated  by  either  board  of  education  interested, 
be  determined,  and  ordered  by  such  court.  If  such  board 
of  education  is  indebted,  such  indebtedness,  together  with 
the  proper  amount  of  money  to  be  paid  to  such  board  by 
the  board  of  education  of  the  school  district  to  which  the 
territory  is  transferred,  annexed,  or  of  the  district  created, 
shall  be  in  like  manner  determined  and  ordered  by  the 
court.     (R.  S.  Sec.  3896.) 

Section  4697.     If  the  territory  is  situated  in  two  or   Territory  sit 
more   counties,   the   application    and   proceedings    shall   be 
had   in    the   probate    court   of    the    county   containing   the   counties 
largest   proportionate    share   of    the    transferred   territory. 
The  findings  of  the  probate  court  shall  be  final.     (R.   S. 
Sec.  38g6.) 


uated   in  two 
or  more 


CHAPTER  2. 
CITY  SCHOOL  DISTRICTS. 


Section 

4698.  Board     in    districts     of     less     than    fifty 

thousand  population. 

4699.  Board  in  districts  containing  fifty  thous- 

and or  over. 

4700.  Board     shall     fix     number     of     members 

and  subdistricts;    boundaries. 

4701.  Decennial     redistricting;       when     school 

commissioner   may  act. 


Section 

4702.  Terms  and  members  in  subdistricts. 

4703.  Terms   of   members   elected   at    large. 

4704.  Qualifications    of   members;     removal. 

4705.  When     number     of     rnembers     may     be 

changed;     when    election   held. 

4706.  Assignment   of  territory  attached  to  city. 

4707.  Redistricting     shall     not     affect     existing 

boards. 


Board  in   dis- 
tricts of  less 
than   fifty 
thousand 
population. 


Board  in  dis- 
tricts  contain- 
ing fifty 
thousand  or 
over. 


Board    shall 
fix  number  of 
members  and 
subdistricts ; 
boundaries. 


Decennial 
redistricting; 
when  school 
commissioner 
may  act. 


Section  4698.  In  city  school  districts  which  at  the 
last  federal  census  contained  a  population  of  less  than 
fifty  thousand  persons,  the  board  of  education  shall  consist 
of  not  less  than  three  members  nor  more  than  seven  mem- 
bers, elected  at  large  by  the  qualified  electors  of  s>uch 
districts.     (R.  S.  Sec.  3897.)  . 

Section  4699.  In  city  school  districts  which  at  the 
last  federal  census  contained  a  population  of  fifty  thousand 
persons  or  over,  the  board  of  education  shall  consist  of 
not  less  than  two  members  nor  more  than  seven  members, 
elected  at  large  by  the  qualified  electors  of  the  school  dis- 
trict and  of  not  less  than  two  members  no  more  than 
thirty  members  elected  from  subdistricts  by  the  qualified 
electors  of  their  respective  subdistricts.     (R.  S.  Sec.  3897.) 

Section  4700.  The  board  of  education  in  each  city 
school  district,  by  resolution,  shall  fix  within  the  limits  so 
prescribed  the  number  of  members  of.  the  board  of  edu- 
cation, to  be  elected  at  large,  and  the  number  of  members 
of  the  board  to  be  elected  by  city  districts.  At  the  same 
time,  the  board  shall  subdivide  such  city  school  district 
into  subdivisions  equal  in  number  to  the  number  of  mem- 
bers of  the  board  of  education  in  the  district,  who  are  to 
be  elected  from  subdistricts  therein  so  established.  Such 
subdistricts  shall  be  bounded,  as  far  as  practicable,  by 
corporation'  lines,  streets,  alleys,  avenues,  public  grounds, 
canals,  water  courses,  ward  boundaries,  voting  precinct 
boundaries,  or  present  school  district  boundaries,  and  shall 
be  as  nearly  equal  in  population  as  possible  and  be  com- 
posed of  adjacent  and  as  compact  territory  as  practicable. 
The  lines  of  such  subdistricts  so  fixed  shall  not  be  changed 
until  after  each  succeeding  federal  census.  (R.  S.  Sec. 
3897.) 

Section  4701.  Within  three  months  after  the  official 
announcement  of  the  result  of  each  succeeding  federal 
census,  the  board  of  education  of  each  such  city  school 
district  shall  redistrict  such  district  into  subdistricts  in 
accordance  with  the  provisions  of  this  chapter.  If  the 
board  of  education  of  any  such  district  fails  to  district 
or  re-district  such  city  school  district,  as  herein  required, 

34 


CITY   SCHOOL  DISTRICTS. 


35 


then  upon  application  of  the  president  of  the  board  of  edu- 
cation, the  state  commissioner  of  common  schools  shall 
forthwith  district  or  re-district  such  city  school  district,  sub- 
ject to  the  requirements  of  this  chapter.     (R.  S.  Sec.  3897.) 

Section  4702.  Such  school  districts  shall  be  num-  Terms  of  _ 
bered  from  one  up,  consecutively.  At  the  first  election  for  Siltrict!" 
members  of  the  board  of  education,  the  members  to  be 
elected  to  the  board  of  education  from  subdistricts  of  odd- 
numbers,  beginning  with  one,  shall  be  elected  for  two  years, 
and  those  elected  from  subdistricts  of  even  numbers  shall 
be  elected  for  four  years,  and  at  the  expiration  of  their  re- 
spective terms,  their  successors  shall  be  elected  for  a  term 
of  four  years.     (R.  S.  Sec.  3897.) 

Section  4703.     In  city  school  districts,  at  the  first  elec-   ^^^.j^g  ^^ 
tion,  all  members  of  the  board  of  education  at  large  shall   members 
be  elected  for  terms  as  follows :    If  there  are  but  two  mem-   fa?gl!^  ^* 
bers  of  the  board  of  education  elected  at  large,  one  shall  be 
elected  for  two  years  and  one  for  four  years.     If  there  are 
more  than  two,  and  the  number  thereof  is  divisible  by  two, 
the  one-half  of  such  board  shall  be  elected  for  two  years 
and  one-half  for  four  years,  but,  if  the  whole  number  of 
members  elected  at  large  is  not  divisible  by  two,  the  num- 
ber to  be  elected  for  two  years  shall  be  the  quotient  ob- 
tained by  dividing  the  whole  number  to  be  elected  less  one 
by  two,  and  the  remaining  members  shall  be  elected  for 
four  years.     At  the  expiration  of  their  respective  terms,, 
their  successors  shall  be  elected  for  four  years.     (R.  S.  Sec. 
3897-) 

Section  4704.  Members  elected  at  large  must  be  elec-  Qualification* 
tors  of  the  city  school  district,  and  members  elected  from  of  members- 
subdistricts  must  be  electors  of  the  city  subdistricts  from 
which  they  are  chosen  or  of  the  territory  attached  to  the 
subdistrict  for  school  purposes.  A  removal  of  a  member 
of  the  board  from  such  subdistrict,  territory  or  city  school 
district  shall  vacate  his  office.     (R.  S.  Sec.  3897.) 

Section  4705.    The  number  of  members  of  any  such   when  number 
board  of  education  shall  not  be  changed,  except  at  the  time   ^han'^ed'-^^'^^ 
of  the  redistricting  herein  provided  for  within  three  months   when  election, 
after  the  official  announcement  of  the  result  of  the  federal    ^^'^' 
census.     All  members  of  the  board  of  education  of   the 
city  school  districts  shall  be  elected  at  the  same  time  as 
municipal  officers  are  elected  and  in  the  manner  provided 
by  law.     (R.  S.  Sec.  3897.) 


Section  4706.  When  territory  is  attached  to  a  city 
district  for  school  purposes,  the  board  of  education  shall 
assign  such  territory  to  the  subdistrict  or  subdistricts  ad- 
joining it,  and  a  map,  showing  such  assignment,  shall  be 
made  a  part  of  the  record  of  the  board.  The  electors  re- 
siding in  such  attached  territory  shall  be  entitled  to  vote 
for  school  officers  and  on  all  school  questions  in  the  sub- 
district  to  which  they  are  assigned  and  in  the  election  pre- 


Assignment  of 
attached 
territory 
to  city. 


26 


CITY    SCHOOL   DISTRICTS. 


cinct  nearest  their  residence.  If  the  board  of  education 
fails  to  perform  this  duty,  the  electors  residing  in  such 
attached  territory  may  vote  in  the  subdistrict  and  precinct 
nearest  their  residence.  An  elector  residing  in  the  city  and 
not  in  the  city  school  district  shall  not  be  entitled  to  vote 
in  the  city  school  district.     (R.  S.  Sec.  3898.) 

.    .  .  Section  4707.     The  redistricting  of  a  city  school  dis- 

shairnofaff^ct  trict  shall  not  affect  the  membership  of  the  then  existing 
boi?ds^  board  of  education  in  such  district.     All  members  thereof 

shall  continue  to  serve  for  the  full  term  for  which  they 
were  elected.  After  the  expiration  of  such  terms,  the  elec- 
tion of  members  of  the  board  of  education  from  subdis- 
tricts  shall  be  by  the  subdistricts  as  redjstricted.  (R.  S. 
Sec.  3900.) 


CHAPTER  3. 


VILLAGE  DISTRICTS. 


Section 

4708.  Board  of  education  in  village  districts. 

4709.  Terms   of   members   chosen   at  first   elec- 

tion. 


Section 

4710.  Election    in    newly    created    village. 

4711.  Assignment    of    electors   in   attached    ter- 

ritory   for   voting   purposes. 


Section  4708.  In  village  school  districts,  the  board 
of  education  shall  consist  of  live  members  elected  at  large 
at  the  same  time  as  municipal  officers  are  elected  and  in  the 
manner  provided  by  law.     (R.  S.  Sec.  3908.) 

SECTioivr  4709.  At  the  first  election  in  such  district,  a 
board  of  education  shall  be  elected,  two  members  to  serve 
for  two  years  and  three  to  serve  for  four  years.  At  the 
proper  municipal  election  held  thereafter,  their  successors 
shall  be  elected  for  a  term  of  four  years.  (R.  S.  Sec. 
3908.) 

Section  4710.  In  villages  hereafter  created,  a  board 
of  education  shall  be  elected  as  provided  in  the  preceding 
section.  If  such  election  is  a  special  election,  the  mem- 
bers elected  shall  serve  for  the  term  indicated  in  such  sec- 
tion from  the  first  Monday  in  January  after  the  last  pre- 
ceding election  for  members  of  the  board  of  education,  and 
the  board  shall  organize  on  the  second  Monday  after  the 
special  election.     (R.  S.  Sec.  3909.) 

Section  4711.  Electors,  residing  in  territory  attached 
to  a  village  district  for  school  purposes,  may  vote  for  school 
officers  and  on  all  school  questions  at  the  proper  voting 
place  in  the  village  to  which  the  territory  is  attached.  If 
the  village  is  divided  into  precincts,  the  board  of  education 
of  the  village  school  district  shall  assign  such  attached  ter- 
ritory to  the  adjoining  precinct  or  precincts  of  the  village, 
and  have  a  map  prepared  showing  such  assignment,  which 
map  shall  be  made  a  part  of  the  records  of  the  board.  Elec- 
tors residing  in  such  attached  territory  may  vote  in  the 
precinct  to  which  they  are  assigned,  but,  if  no  assignment 
of  territory  is  made,  they  shall  vote  in  the  precinct  nearest 
their  residence.  An  elector  residing  in  the  village  but  not 
in  the  village  school  district  shall  not  vote  in  such  village 
school  district.     (R.  S.  Sec.  3910.) 

37 


Board  of 
education   in 
village    dis- 
tricts. 


Terras  of 
members 
chosen  at  first 
election. 


Election  in 
newly   created 
village. 


Assignment  of 
electors  in 
attached    ter- 
ritory for 
voting    pur- 
poses. 


CHAPTER  4. 

TOWNSHIP  DISTRICTS. 


Section 

4712.  Board  of  education  in  township  districts. 

4713.  First   election  in   township   districts. 

4714.  Assignment    of   electors    in    attached   ter- 

ritory for  school  purposes. 

4715.  Compensation  of  members   of  board. 

SUBDISTRICTS. 

4716.  Division   of  township   into    subdistricts. 

4717.  Election  of  school  director  in  subdistrict. 

4718.  Notice  of   election   of  director. 

4719.  Judges   of    election,   poll  book   and  tally 

sheet. 

4720.  Failure   to   elect;     procedure. 

4721.  Meetings  of  qualified  electors. 


Section 

4722.    Duties  of  the   director   of   subdistrict. 


JOINT   SUBDISTRICTS. 

4723.  Joint    subdistricts   abolished. 

4724.  Map   of  attached  territory. 

4725.  When    subdistrict     is    part    of    township 

having  centralized  schools. 

CENTRALIZATION. 

4720.     Submission  of  ^question  of  centralizafion. 
4727.     Submission    of    question    of    decentraliza- 
tion. 


Board  of  edu- 
cation in 
township  dis- 
tricts. 


First  election 
in    township 
districts. 


Section  4712.  In  township  school  districts,  the  board 
of  education  shall  consist  of  five  members  elected  at  large 
at  the  same  time  township  officers  are  elected  and  iti  tht 
manner  provided  by  law.      (R.  S.  Sec.  3915.) 

Section  4713.  At  the  first  election  in  a  township  dis- 
trict, a  board  of  education  shall  be  elected,  as  herein  pro- 
vided, two  members  to  serve  for  two  years  and  three  to 
•serve  for  four  years.  At  the  township  election  held  every 
second  year  thereafter,  their  successors  shall  be  elected 
■for  a  term  of  four  years.     (R.  S.  Sec.  3915.) 

Quo  warranto  is  the  proper  remedy  to  try  a  title  to  an  office.  570  O.  S., 
371. 

As  to  serving  until  successor  is  elected.     7   C.   C,   1,  4;    aff'd  29  B.,  396. 

When  judges  and  clerks  of  election  fail  to  sign  pollbooks  and  tallysheets, 
to  fill  up  blanks  in  the  caption,  or  to  carry  out  the  aggregate  votes,  such 
omissions  and  mistakes  may  be  corrected  upon  the  trial  of  a  contest,  by 
parol  evidence,  and  when  so  corrected,  the  documents,  sustained  by  the  parol 
proof,  are  competent  evidence  of  the  result  of  the  election.     16  O.   S.,  184. 

The  evident  intent  of  the  law  requires  that  when  the  polls  are  once 
opened,  they  should  be  kept  open  until  the  hour  prescribed  for  finally  closing; 
but  the  statute  on  the  conduct  of  elections,  section  5056,  is  said  to  be  directory, 
and  if  so,  "a  departure  from  its  strict  observance  will  not  necessarily  invali- 
date an  election,  where  no  fraud  has  been  practiced  and  no  substantial  right 
violated."     19   O.    S.,    25. 

The  officers  of  an  election  board  cannot,  after  dissolving  the  board  and 
dispersing,  return  and  perform  any  official  act  regarding  such  election.  When 
they  have  dispersed,  they  cease  to  be  officers  of  the  election  —  are  fundi 
officio.     21   O.    S..  216;     14  O.    S.,  315. 

Pollbooks  duly  certified  and  returned  are  prima  facie  evidence  of  the 
truth  of  their  contents,  but  this  presumption  will  be  rebutted  by  proof  that 
they  are  fraudulent  and  fictitious  to  such  an  extent  as  to  render  them  wholly 
unreliable.     26  O.    S.,   549. 

Quo  warranto  will  lie  where  no  provision  for  a  contest  is  made  by  law 
—  as  was  the  case  in  the  election  of  school  directors  against  the  respondent, 
whom  the  board  recognized,  and  the  fact  that  the  relator  has  received  a  cer- 
tificate  is  not  conclusive.     8  Rec.  432;     4   B.,  1065. 

A  person  voted  for  under  the  name  of  E.  H.  Smith,  whose  name  is 
H.  E.  Smith,  there  being  no  such  man  as  E.  H.  Smith,  should  have  the  votes 
counted,  if  the  judges  are  satisfied  that  the  person  H.  E.  Smith  was  intended. 
II.    W.    L.    M.,    589. 

In  case  a  candidate  receiving  the  highest  number  of  votes  at  an  election 
is  ineligible,  the  next  highest  candidate  is  not  elected.  13  Cal.,  145;  38  Maine, 
597;     1   Chandler,  Wis.,   117. 

McCrary  on  Elections,  section  184:  "The  safe  rule  probably  is  that 
where  an  election  board  are  found  to  have  wilfully  and  deliberately  committed 
a  fraud,  even  though  it  affect  a  number  of  votes  too  small  to  change  the 
result,  it  is  sufficient  to  destroy  all  confidence  in  their  official  acts,  and 
to  put  the  party  claiming  anything  under  the  election  conducted  by  them, 
to  the  proof  of  his  votes,  by  evidence,  other  than  the  returns."  See  Judkins 
v.  Hill,  50  N.  H.,  140;  Knox  Co.  v.  Davis,  63  111.,  405;  Russell  v.  State,  11 
Kan.,   308. 

Receiving  illegal  or  improper  votes  will  not  alone  vitiate  an  election. 
It  must  be  shown  affirmatively,  in  order  to  overturn  the  declared  result  that 
the  wrongful  action   changed   it.     Dillon   on   Municipal   Corporations,   261. 

38    ' 


TOWNSHIP    DISTRICTS.  39 

Section  4714.     Electors  residing  in  territory  attached   Assignment  of 
to  a  township  school  district  for  scliool  purposes  may  vote    ^Jf ached 'ter- 
for  school  officers  and  on  all  school  questions  at  the  proper    ntory  for 
voting  place  in  the  township  in  which  such  territory  is  at-   poses.  ^^^' 
tached.     If  the  township  is  divided  into  different  voting  pre- 
cincts, the  board  of  education  of  such  district  shall  assign 
the  attached  territory  to  the  adjoining  precinct  or  precincts. 
If  such  territory  is  attached  to  more  than  one  precinct,  a' 
map  shall  be  prepared,  showing  such  assignment,  which  map 
shall  be  made- a  part  of  the  records  of  the  board.     Electors 
may  vote  according  to  such  assignment,  but,  if  no  assign- 
ment of  territory  is  made,  they  shall  vote,  in  the  precinct 
nearest  their  residence.     An  elector  residing  in  the  town- 
ship,  but   not   in   the   township    school    district,    shall    not 
vote  in  such  township  school  district.     (R.  S.  Sec.  3916.) 

Section  4715.     Each  member  of  the  township  board  compensation 
of  education  shall  receive  as  compensation  two  dollars  for   oj  bo™d^" 
each  meeting  actually  attended  by  such  member,   but   for 
not  more  than  ten  meetings  in  any  year.     The  compensa- 
tion allowed  members  of  the  board  shall  be  paid  from  the 
contingent  fund.     (R.  S.  Sec.  3920.) 

• 

SUBDTSTRICTS. 

Section  4716.  The  division  of  township  school  dis-  Division  of 
tricts  into  subdistricts  as  they  exist  shall  continue  and  be  subdfstr?cti"*° 
recognized  for  the  purpose  of  school  attendance,  but  the 
board  of  education  may  increase  or  diminish  the  num- 
ber or  change  the  boundaries  of  the  subdistricts  at  any 
regular*  meeting.  A  map  designating  such  changes  shall 
be  entered  upon  the  records  of  the  board.  (R.  S.  Sec. 
3921.) 

The  term  "sub-dis'.rict,"  as  used  in  section  1  of  this  supplementary 
act  of  April  9,  1867  (64  v.  117),  does  not  include  the  subordinate  territorial 
divisions  of  separate  school  districts  into  which  a  city  or  village  may  be  sub- 
divided, but  applies  exclusively  to  township  or  county  subdistricts.  19  O.  S.. 
577. 

Section  4717.     In  all  township  districts,  the  schools    Election  of 
of  which   are  not  centralized   or  consolidated,  there  shall   fn^guidfit'Sc?'^ 
be  elected  on  the  second  Monday  of  April  each  year  by 
ballot,  in  each  subdistrict  by  the  qualified  electors  thereof 
one  competent  person  having  the  qualifications  of  an  elector 
therein,  who  shall  be  styled  director.     (R.  S.  Sec.  3921a.) 

Section  4718.     The  director  of  each  subdistrict  shall    jsjotice  of 
post  written  or  printed  notices  in  three  or  more  conspic-    election  of 
uous  places  in  his  subdistrict,   at  least  six  days  prior  to     '^^*=*°'"- 
such  election,  designating  the  day  and  hour  of  .opening  and 
the  hour  of  closing  the  election.    The  election  shall  be  held 
at  the  school  house  in  the  subdistrict.      (R.  S.  Sec.  3921a.) 

Section  4719.     The  meeting  shall  be  organized  by  the  judges  of  eiec- 

appointment  of   a  chairman  and   secretary,   who  shall   act  anJ'tiiTy  ^°°^ 

as  judges  of  the  election  under  oath,  which  oath  may  be  sheet, 
administered    by    the    director    of    the    subdistrict,    or    any 


40 


TOWXSEIP    DISTRICTS. 


Failure   to 
elect ;    proced- 
ure. 


Meetings   of 
qualified  elec- 
tors. 


Duties  of  the 
director   of 
subdistrict. 


Other  person  competent  to  administer  it.  The  secretary 
shall  keep  a  poll  book  and  tally  sheet,  which  shall  be 
vsigned  by  the  judges  and  delivered  within  eight  days  to 
the  clerk  of  the  township  board  of  education.  In  case  of 
a  tie  vote,  the  judges  of  the  election  shall  decide  it  by 
lot.     (R,  S.  Sec.  3921a.) 

Section  4720.  If  there  is  a  failure  to  elect  a  di- 
rector in  any  .subdistrict  or  a  director  elected  therein  re- 
fuses to  serve,  or  otherwise,  the  township  board  of  edu- 
cation shall  appoint  a  director  for  such  subdistrict.  (R.  S. 
vSec.  3921a.) 

Section  4721.  The  qualified  electors  of  the  subdis- 
trict may  hold  their  meetings  at  any  time  upon  the  call  of 
the  director  or  of  any  five  electors.  Five  days'  notice  shall 
be  given  of  such  meetings  by  posting  notices  in  five  public 
places  in  the  vicinity.     (R.  S.  Sec.  3921a.) 

Section  4722.  The  director  of  each  subdistrict  shall 
preside  at  the  school  meetings  of  the  district,  record  the 
proceedings  thereof,  and  act  as  the  organ  of  commnnica- 
tion  between  the  inhabitants  and  the  township  board  of 
education.  He  shall  take  charge  of  the  school  house  and 
property  belonging  thereto  under  the  general  order  and  di- 
rection of  the  township  board  of  education,  and  preserve 
them.  When  so  ordered  by  the  board,  he  shall  make  all 
temporary  repairs  of  the  school  house,  furniture  and 
fixtures  and  provide  the  necessary  fuel  for  the  school,  re- 
porting the  cost  thereof  to  the  board  of  education  for 
payment.  He  shall  take  the  enumeration  of  his  sub- 
district  and  return  it  to  the  clerk  of  the  board  of  ed- 
ucation in  the  manner  prescribed  by  law.  (R.  S.  Sec. 
3921a.) 


joint  subdistrtcts. 


Joint   sub- 
districts 
abolished. 


Map  of  at- 
tached   terri- 
tory. 


Section  4723.  Joint  subdistricts  are  abolished  and 
the  territory  of  such  districts  situated  in  the  township  in 
which  the  school  house  of  the  joint  district  is  not  located 
shall  be  attached  for  school  purposes  to  the  township  school 
district  in  which  such  school  house  is  located.  Such  ter- 
ritory shall  constitute  a  part  of  such  township  school  dis- 
trict, and  the  title  of  all  school  property  located  therein 
is  vested  in  the  board  of  education  of  the  township  to  which 
the  territory  is  attached.     (R.  S.  Sec.  3923.) 

Section  4724.  A  map  of  such  attached  territory  shall 
be  prepared  under  the  direction  of  the  board  of  education 
of  the  township  district  to  which  the  territory  is  attached 
and  made  a  part  of  the  records  of  the  board.  A  copy  of 
such  map  shall  be  filed  with  the  auditor  of  the  county  in 
which  such  territory  is  situated,  or,  if  the  territory  is  in 
two  or  more  counties,  it  shall  be  filed  with  the  auditor 
of  each  county.     (R.  S.  Sec.  3923.) 


TOWNSHIP    DISTRICTS. 


41 


Section  4725.     When  such  joint  subdistrict  is  a  part  ^hen  joint 

of  townships,  both  of  which  have  centralized  schools  and  •"^'^af/of 

no  school  is  maintained  in  such  subdistrict,  the  boundaries  townships 

of  the  civil  township  so  situated  shall  form  the  boundaries  Irdizld^^"^* 

of  the  township  school  districts,  and  each  township  shall  schools. 
have  control  of  the  territory  of  such  joint  subdistrict  lying 
within  its  boundaries.     (R.  S.  Sec.  3923.) 


centralization. 

Section  4726.  A  township  board  of  education  may 
submit  the  question  of  centralization,  and,  upon  the  petition 
of  not  less  than  one-fourth  of  the  qualified  electors  of  such 
township  district,  must  submit  such  question  to  tlie  vote 
of  the  qualified  electors  of  such  township  district,  at  a 
general  or  special  election  called  for  that  purpose.  If 
more  votes  are  cast  in  favor  of  centralization  than  against 
it,  at  such  election,  such  board  of  education  shall  pro- 
ceed at  once  to  the  centralization  of  schools  of  the  town- 
ship, and,  if  necessary,  purchase  a  site  or  sites  and  erect 
a  suitable  building  or  buildings  thereon.  If,  at  such  election, 
more  votes  are  cast  against  the  proposition  of  centraliza- 
tion than  for  it,  the  question  •  shall  not  again  be  submitted 
to  the  electors  of  such  township  district  for  a  period  of 
two  years.     (R.  S.  Sec.  3927-2,  as  amended    May,  191  o.) 

Section  4727.  When  the  schools  of  a  township  have 
been  centralized  such  centralization  shall  not  be  discon- 
tinued within  three  years,  and  then  only  by  petition  and 
election,  as  herein  required.  If  at  such  election  more  votes 
are  cast  against  centralization  than  for  it,  the  division  into 
subdistricts  as  they  existed  prior  to  centralization  shall 
thereby  be  re-established,  at  the  next  regular  election  and 
subdistrict  directors  shall  be  elected,  as  herein  provided. 
CR.  S.  Sec.  3927-2.) 


Submission  or 
question   of 
csntralizatior. 


Submission   of 
question     of 
decentraliza- 
tion. 


OHAPTEE  5. 
SPECIAL  SCHOOL  DISTRICTS. 


Suction 

4728.  Special  school  district. 

4729.  How  established. 

4730.  Bond;     costs;     remonstrance. 

4731.  Duty   of   probate   judge    on  filing   of   pe- 

tition. 

4732.  Procedure   upon   hearing,  _ 

4733.  Fees;     jurisdiction   exclusive. 

4734.  Exisiting    districts    shall    continue;      ex- 

ception. 

4735.  Officers    of    existing    districts    shall    hold 

until  successors  are  elected. 

4736.  Board   of    education    in    special    districts. 

4737.  When  a  new  district  is  created.  ^ 

4738.  Elections  in   special  school   districts. 


Sejction 

4739.  Mass    meeting    to    fix    time    for    holding 

first   election. 

4740.  Term  of  members  of  first  board  elected. 

ABANDONMENT    OF    SPECIAL    DIS- 
TRICTS. 

4741.  Election     on    question     of     abandonment 

of  special   district. 

4742.  Where     election    shall    be    held    and    by 

whom  conducted. 

4743.  Form    of   ballot;     result   of   election. 
47^4.     How  funds  shall  be  apportioned  in   ca&e 

'      of   abandonment. 


Special  school 
district. 


How  estab- 
lished. 


Bond;    costs; 
remonstrance. 


Section  4728.  A  special  school  district  may  be 
formed  of  any  contiguous  territory,  not  included  within  the 
limits  of  a  city  or  village,  which  has  a  total  tax  valuation 
of  not  less  than  one  hundred  thousand  dollars.  (R.  S. 
vSec.  3928.) 

Section  4729.  To  establish  a  special  school  district, 
a  petition,  signed  by  not  less  than  ten  male  citizens  who 
are  electors  of  the  proposed  special  district,  shall  be  filed  in 
the  office  of  the  probate  judge  of  the  county  in  which  such 
special  district  is  situated,  or,  if  such  district  is  situated  in 
two  or  more  counties,  then  with  the  probate  judge  of  the 
county  having  the  greatest  total  tax  valuation  of  such  pro- 
posed district.  Such  petition  shall  set  forth  the  desires  of 
the  petitioners,  shall  contain  a  description  of  the  territory 
to  be  included  in  the  proposed  special  district  and  be  ac- 
companied by  a  statement  giving  the  total  tax  valuation 
of  such  territory  certified  to  by  the  county  auditor  or  aud- 
itors, and  an  accurate  map  of  the  territory,  to  be  included 
in  such  district,  which  map  shall  be  prepared  to  the  sat- 
isfaction of  the  probate  judge.     (R.  S.  Sec.  3928.) 

Section  4730.  Such  petition  shall  be  accompanied  by 
a  bond  of  one  or  more  of  the  petitioners,  in  the  sum  of 
one  hundred  dollars,  with  sureties  to  the  satisfaction  of  the 
probate  judge,  conditioned  that  the  parties  entering  into 
the  bond  shall  pay  all  the  costs  of  the  proceedings,  if  a 
special  school  district  is  not  created,'  and,  in  such  case, 
the  probate  judge  shall  render  judgment  against  the  par- 
ties to  the  bond  for  all  the  costs  of  the  proceedings.  If 
tWe  petition  is  granted,  the  costs  shall  be  taxed  against  the 
special  school  district  thereby  authorized,  and  be  paid  by 
the  board  of  education  thereof  thereafter  elected,  from 
any  funds  that  may  come  into  its  possession.  A  remon- 
strance signed  by  one  or  more  of  the  male  citizens  who 
are  electors  of  the  proposed  district  may  be  filed  with  the 
probate  judge  and  must  be  considered  upon  the  hearing  of 
the  petition.   (R.  S.  Sec.  3928.) 

42 


SPECIAL   SCPIOOL  DISTRICTS. 


43 


Section  4731.     Upon  the  filing  of  a  petition  for  the    Duty  of  pro- 
establishment  of  a  special  school  district,  the  probate  judge   sHng^of^^L^" 
shall  fix  the  time  for  the  hearing  of  the  petition,  which  shall   tition. 
be  within  sixty  days  of  the  filing  thereof.     Thereupon  he 
shall  cause  to.be  published  for  four  consecutive  weeks  in 
two  newspapers  of  opposite  politics,  printed  and  of  gen- 
eral circulation  in  the  county  where  the  petition  is   filed, 
notice  of  the  filing  of  the  petition  and  the  time  of  the 
hearing  thereon.     Such  notices  shall  be  mailed  to  the  clerk 
or  clerks  of  -the  boards  of   education  having  territory  in 
the  proposed  special  school  district.     (R.  S.  Sec.  3929.) 

Section  4732.  The  probate  judge  may  hear  and'  de-  Procedure 
termine  the  question  of  the  establishment  of  such  special 
school  district,  and  may  subpoena  and  examine  witnesses 
under  oath.  He  may  change  the  boundaries  of  the  pro- 
posed special  school  district,  shall  fix  and  determine  the 
amount  of  money  due  and  payable  to  the  special  district 
from  the  surplus  money  in  the  treasury  or  in  process  of 
collection  in  the  district  or  districts  from  which  it  was 
formed,  or,  in  case  of  the  indebtedness  of  such  district  or 
districts,  he  shall  detremrne  the  amount  of  money  due  and 
payable  by  the  special  district  to  the  district  or  districts 
from  which  it  was  formed.  In  either  case,  the  amount  so 
found  due,  shall  be  a  valid  and  binding  obligation  upon  the 
board  of  education  of  such  district  or  districts.  (R.  S. 
Sec.  3929.) 


upon 
hearing. 


Section  4733.  The  fees  in  cases  involving  the  es- 
tablishment of  special  school  districts  shall  be  the  same  as 
in  civil  cases,  and  the  jurisdiction  of  the  probate  court  in 
such  cases  shall  be  exclusive.     (R.  S.  Sec.  3929.) 

Section  4734.  Nothing  herein  shall  abolish  any  ex- 
isting special  school  district,  but  all  such  districts,  whether 
created  under  a  general  or  special  act,  including  the  ter- 
ritory now  constituting  them,  shall,  unless  changed  under 
the  provisions  of  this  chapter,  continue  to  be  and  remain 
special  school  districts,  except  special  districts  which 
include  within  their  boundaries  a  city  or  village.  In  such 
case  the  special  district  shall  be  a  city  or  village  school 
district  with  or  without  territory  attached  or  detached,  as 
the  case  may  be.     (R.  S.  Sec.  3928.) 

Special  school  districts  which  have  been  created  by  special  act  of  the 
legislature  are  not  legally  constituted  school  districts,  and  must  be  re-estab- 
lished by  petition  to  the  probate  court,  as  provided  in  sections  S92S-3932,  R.   S. 

"It  is  not  within  the  power  conferred  on  the  general  assembly  by  the 
constitution  to  declare  that  things  done  and  created  under  and  by  virtue 
of  unconstitutional  acts  of  the  general  assembly,  nevertheless  'shall  continue 
to   be  and   remain  and  be  recognized   as  legal.'  " — 73   O.    S.,   54. 

Section  4735.  All  officers  and  members  of  boards 
of  education  of  existing  special  school  districts,  whether 
created  by  a  special  or  general  act,  shall  continue  to  hold 
and  exercise  their  respective  offices  and  powers  until  their 
successors  are  elected  and  qualified,  as  herein  provided. 
(R,  S.  Sec.  3928.) 


Fees;    juris- 
diction  ex- 
clusive. 


Existing   dis- 
tricts   shall 
continue; 
exception. 


Officers  of 
existing  dis- 
tricts shall  hold 
until    succes- 
sors   are 
elected. 


44 


SPECIAL   SCHOOL  DISTRTCTS. 


Board  of  edu- 
cation   in 
special 
districts. 


When  a  new 
district  is 
created. 


Elections  in 
special  school 
districts. 


ISIass  meeti'.ig 
to    fix    time 
for  holding 
first   election. 


Term  of  mem- 
bers of  first 
board  elected. 


Election  on 
question   of 
abandonment 
of  special 
district. 


Section  4736.    The  board  of  education  of  special  school 
districts  shall  consist  of  five  members,  elected  at  large  at 
the  same  time  as  township  officers  are  elected  and  in  the 
manner  provided  by  law.     (R.  S.  Sec  3930.) 

Section  4737.  At  the  first  township  election  after  the 
creation  of  a  special  district  therein,  a  board  of  education 
shall  be  elected  in  such  district,  as  herein  provided,  two 
members  to  serve  for  two  years  and  three  to  serve  for  four 
3'^ears,  and  at  the  proper  township  election  thereafter,  their 
successors  shall  be  elected  for  the  term  of  four  years.  (R. 
S.  Sec.  3930.) 

Section  4738.  Elections  of  members  of  the  board  of 
education  in  special  districts  shall  be  held  by  the  proper 
election  officers  of  the  township  in  which  such  districts  are 
situated,  and.  if  a  special  district  is  situated  in  two  or  more 
townships,  the  election  shall  be  held  by  the  election  officers 
of  the  different  townships  for  the  electors  residing  in  each 
township,  respectfully,  in  the  manner  provided  by  law. 
(R.  S.  Sec.  3931.) 

Section  4739.  When  a  special  school  district  is  creat- 
ed, a  mass  meeting  of  the  electors  of  such  district  shall  be 
called  by  the  posting  of  notices  in  five  public  places  in  the 
district,  setting  forth  the  time  and  place  of  such  meeting, 
and  signed  by  at  least  three  electors  of  the  district.  The 
electors  assembled  at  such  meeting  shall  elect  a  chairman 
and  secretary  and  fix  the  time  of  holding  the  first  election 
for  members  of  the  board  of  education.  The  time  so  fixed 
shall  not  be  within  twenty-five  days  of  the  time  of  holding 
such  mass  meeting.  The  chairman  and  secretary  of  the 
meeting  shall  immediately  post  notices  in  five  public 
places  within  the  district,  giving  the  date  of  election,  and 
shall  notify  the  deputy  state  supervisors  of  elections  of  the 
county  or  counties  of  the  names  of  the  voting  precincts  hav- 
ing territory  in  such  special  school  district  and  the  probable 
number  of  electors  in  each  precinct,  in  order  that  such  depu- 
ty state  supervisors  may  prepare  ballots,  poll  books  and  tal- 
ly sheets  at  the  time  and  in  the  manner  provided  by  law. 
(R.  S.  Sec.  3932.) 

Section  4740.  The  board  of  education  thus  elected 
shall  organize  on  the  second  Monday  after  the  election,  and 
the  terms  of  members  shall  be,  as  hereinbefore  provided, 
from  the  first  Monday  in  January  after  the  last  preceding 
annual  election  of  members  of  boards  of  education  and  un- 
til their  successors  are  elected  and  qualified.  (R.  S.  Sec. 
3932.) 

abandonment  of  special  districts. 

Section  4741.  When  a  petition  is  signed  by  not  less 
than  one-third  of  the  electors  residing  within  the  territory 
constituting  a  special  school  district,  praying  for  the  a- 
bandonment  or  continuance  of  such  special  district,  is  pre- 
sented to  the  board  of  education  of  such  district,  or  when 
such   board,   by   a  majority  vote   of   the   full   membership 


SPECIAL   SCHOOL  DISTRICTS. 


45 


Form  of  bal- 
lot;    result  of 
election. 


thereof,  shall  decide  to  submit  the  question  of  abandoning 
or  continuing  the  special  school  district,  the  board  shall  fix 
the  time  of  holding  such  election  at  a  special  or  general 
election.  The  clerk  of  the  board  shall  notify  the  deputy 
state  supervisors  of  elections  as  herein  provided  in  case  of 
first  .election,  of  the  date  of  such  election  and  the  purposes 
thereof,  and  such  deputy  state  supervisors  shall  provide 
therefor.  The  clerk  of  the  board  of  education  shall  post 
notices  thereof  in  five  pubHc  places  within  the  district.  (R. 
S.   Sec.  3935.) 

Section  4742.     If  the  question  is  submitted  at  a  spec-   where  election 
ial  election  in  a  district  in  two  or  more  election  precincts,  it    shall  be  held 
shall  be  held  at  the  precinct  nearest  the  school  house  in  such    conduJted/"'" 
special  district,  by  the  election  officers  of  the  precinct,  and  all 
the  electors  of  the  district  may  vote  at  such  precinct.     If 
the  district  is  situated  in  two  or  more  counties,  the  deputy 
state  supervisors  of  the  county  in  which  such  nearest  elec- 
tion precinct  is  situated  shall  have  charge  of  the  election. 
If  the  question  is  submitted  at  a  regular  election,  it  shall  be 
conducted  in  the  same  manner  as  the  election  of  members 
of  the  board  of  education.     (R.  S.  Sec.  3935.) 

Section  4743.  The  ballot  shall  be  in  the  regular  form 
but  without  the  circle  at  the  top,  and  shall  have  printed 
thereon,  "Abandonment  of  special  school  district,  yes"; 
''Abandonment  of  special  school  district,  no"  or  "Continu- 
ance of  special  school  district,  yes" ;  or  "Continuance  of 
special  school  district,  no",  as  the  case  may  be.  The  ex- 
pense of  the  election  shall  be  paid  in  the  same  manner  as 
other  school  election  expenses,  and  the  returns  thereof  shall 
be  made  to  the  board  of  education  of  the  special  school  dis- 
trict. If  more  votes  are  cast  for  abandonment  than  against 
it,  or  against  continuance  than  for  it,  such  board  shall  certify 
the  result  to  the  board  or  boards  of  education  of  the  town- 
ship or  townships  having  territory  in  the  special  district,  and 
the  territory  of  the  special  district  shall  thereby  revert  to  the 
township  school  district  or  districts  from  which  it  was  origi- 
nally taken,  except  as  hereinafter  provided  in  case  of  in- 
debtedness of  the  special  district.  Otherwise  such  district 
shall  continue  to  be  and  remain  a  legal  special  school  district 
as  theretofore  constituted.     (R.  S.  Sec.  3935.) 

Section  4744.  The  legal  title  of  the  property  of  a 
special  school  district  in  case  of  abandonment  or  failure  to 
continue  shall  become  vested  in  the  board  or  boards  of 
education  of  the  township  or  townships  in  which  such 
property  is  situated.  The  school  funds  of  such  special  dis- 
trict shall  be  paid  into  the  treasury  of  the  township  dis- 
trict, and  if  such  special  district  is  in  two  or  more  town- 
ships, such  funds  shall  be  divided  between  them  in  propor- 
tion to  the  total  tax  valuation  of  property  in  the  several 
districts.  The  abandonment  of  a  special  school  district 
shall  not  be  complete  until  the  board  of  education  of  the 
district  has  provided  for  the  payment  of  any  indebtedness 
that  may  exist.     (R.  S.  Sec.  3935.) 


IIow    funds 
shall   be   ap- 
portioned   in 
case    of 
abandonment. 


CHAPTER  5. 
BOARDS  OF  EDUCATION. 


Section 

4746.     When  terms  of  members  shall  begin. 

4746.  Oath    of    members    of    board    and    other 

officers. 

4747.  Organization  of  the  board. 

4748.  Vacancies  in  board,  how  filled. 

4749.  Corporate  powers  of  board  of  education. 

4750.  Board   may  make    rules;    legal  meetings. 

4751.  Special  meeting  of  the  board. 

4752.  Quorum;    yeas  and  nays  in  certain  cases. 
4763.    Absence  of  president  or  clerk. 

4754.    Record    of    proceedings    and    attestation* 
thereof. 


Section 

4755.  Boards  may  accept  bequests. 

4756.  How  real  property  may  be  sold. 

4757.  Conveyance  and.  contracts. 

4758.  Exchange   of   real  estate. 

4759.  School    property   exempt   from   taxation. 

4760.  Processes   against  boards,   how  served. 

4761.  Prosecuting  attorney  or  city   solicitor  to 

be   counsel  of  school  board. 

4762.  When    other    officers    may    act;     restric- 

tions. 


When  terms 
of  members 
shall  begin. 


Oath  of  mem- 
bers of  board 
and  other 
officers. 


Section  4745.  The  terms  of  office  of  members  of  each 
board  of  education  shall  begin  on  the  first  Monday  in  Janu- 
ary after  their  elec.tion,  and  each  such  officer  shall  hold  his 
office  four  years  and  until  his  successor  is  elected  and  quali- 
fied.    (97  V.  40  §  2.) 

If  a  school  district  should  fail  to  elect  members  of  the  board  of  educa- 
tion at  a  regular  election,  the  members  whose  successors  should  have  been 
chosen,  continue  to  hold  office  until  their  successors  are  elected  and  qualified. 
Attorney    General. 

Section  4746.  Before  entering  upon  the  duties  of  his 
office,  each  person  elected  or  appointed  a  member  of  a 
board  of  education  or  elected  or  appointed  to  any  other 
office  under  this  title  shall  take  an  oath  to  support  the  con- 
stitution of  the  United  States  and  the  constitution  of  this 
state  and  that  he  will  perform  faithfully  the  duti-es  of  his 
office.  Such  oath  may  be  administered  by  the  clerk  or  any 
member  of  the  board.     (R.  S.  Sec.  3979.) 

Section  5032.  The  names  of  candidates  for  members  of  the 
board  of  education  of  a  school  district,  however  nominated,  shall 
be  placed  on  one  independent  and  separate  ballot  without  any 
designation  whatever,  except  for  member  of  board  of  education 
and  the  number  of  members  to  he  elected.     (98  v.  116  §  1.) 

Section  5033.  The  ballots  for  members  of  the  board  of  edu- 
cation shall  be  prepared  and  printed  as  follows:  The  whole 
number  of  ballots  to  be  printed  for  the  school  district  shall  be 
divided  by  the  number  of  candidates  for  member  of  board  of 
education  of  the  district,  and  the  quotient  so  obtained  shall  be 
the  number  of  ballots  in  each. series  of  ballots  to  be  printed.  The 
names  of  candidates  shall  be  arranged  in  alphabetical  order  and 
the  first  series  of  ballots  printed.  Then  the  first  name  shall  be 
placed  last  and  the  next  series  printed,  and  so  shall  the  process 
be  repeated  until  each  name  shall  have  been  first.  These  ballots 
shall  then  be  combined  in  tablets  with  no  two  of  the  same  order 
of  names  together,  except  when  there  is  but  one  candidate.  (98 
V.  116  §  2.) 

School  dis-  Section   5034.     In  city   school   districts,   the  ballots    for   each 

tricts  in  cities,  subdistrict  shall  contain  the  names  of  the  candidates  for  member 
of  the  board  of  education  from  such  subdistrict  and  also  the  names 
of  the  candidates  to  be  elected  at  large.     (97  v.  354  §   1.) 

When  the  legislature  has  fixed  by  law  the  time  for  holding  an  election 
of  officers,  an  election  at  any  other  time,  unless  provided  for  by  law,  is 
unauthorized  and  void.     20  O.   S.,   167. 

When  candidates  for  different  terms  are   running  for  the  office  of  mem- 

46 


Ballots  for 
school  board. 


How  ballot  for 
school   board 
printed. 


BOARDS   OF  EDUCATION.  47 

ber  of  the  board  of  education,  the  term  each  is  to  serve  should  be  desig- 
nated on  the  ballots  and  such  designation  cannot  be  disregarded  by  the  judges 
of   election.     20  O.    S.,   336. 

A  person  so  elected  may  appear  before  any  person  authorized  by  law  to 
administer  an  oath,  and  may  take  his  oath  of  office.  This  should  be  done  in 
case  the  member-elect  is,  for  any  reason,  unable  to  attend  the  meeting  for 
organization.  The  certificate  of  the  officer  administering  the  oath  should  be 
sent  to  the  board  and  copied  in  the  records,  to  obviate  all  questions.  For 
the  same  reason,  a  record  should  be  made  of  the  oath  administered  to  each 
member. 

Officers  who  have  sworn  to  perform  official  duties  may  be  compelled  to 
perform  them  by  writ  of  mandamus.  This  writ  issues  from  the  supreme,  circuit 
or   common    pleas   court.      Section   12284   of   the  General   Code. 

They  also  may  be  restrained  from  doing  illegal  acts  under  color  ot 
authority  as  officers  by  writ  of  injunction.  This  writ  issues  from  the 
supreme,  circuit  or  common  pleas  court,  or  a  judge  thereof;  or  from  the 
probate  court,  in  case  none  of  the  above  named  judges  are  in  the  county. 
Section    11877,    General    Code. 

But  to  boards  of  education  is  left  large  discretion  as  to  the  manner 
of  performing  their  official  duties,  and  courts  will  not  interfere  with  this 
discretion.     23  O.    S.,   211. 

Officers  required  by  law  to  exercise  their  judgments,  are  not  answerable 
for  mistakes  of  law  or  mere  errors  of  judgment,  where  there  is  neither  fraud 
nor   malice.     Jenkins  v.   Waldron,  11  Johnson's  Rep.,  114. 

An  officer  acting  within  the  scope  of  his  authority  is  only  responsible 
for  an   injury   resulting  from   a   corrupt   motive.      17   Ohio,   402. 

A  public  officer  who  is  required  by  law  to  act  in  certain  cases,  accord- 
ing to  his  judgment  or  opinion,  and  subject  to  penalties  for  his  neglect,  is 
not  liable  to  a  party  for  an  omission  arising  from  a  mistake  or  want  of  skill, 
if  acting  in   good   faith.     Seamen   v.    Patten,   2d   Cain's  Rep.,  312. 

But  an  officer  entrusted  by  the  common  law  or  by  statute  is  liable  to 
an  action  for  negligence  in  the  performance  of  his  trust  or  for  fratui  or  neg- 
lect in  the  execution  of  his  office.     Jenner   v.   Joliffe  9  John,    Rep.,   381. 

The  performance  of  any  act  prohibited  by  statute,  or  any  wilful  neglect 
of  duty,  and  for  which  no  penalty  is  provided  by  enactment,  is  a  misdemeanor. 

For  the  number  of  votes  necessary  in  the  election  of  officers  of  the 
board,   see   section   4752. 

President  and  clerk  of  township  boards  to  attend  December  meeting  ot 
township  trustees;     Sec.   3273. 

Inspection  of  school  funds  in  case  of  non-attendance  of  president  an  1 
clerk  as  required  by   Sec.  3273;    see   Sec.  3315. 

Section  4747.  The  board  of  education  of  each  school  organization 
district  shall  organize  on  the  first  Monday  of  January  after  ^^  t^e  board, 
the  election  of  members  of  such  board.  One  member  of 
the  board  shall  be  elected  president,  one  as  vice  president 
and  in  township  school  districts  the  clerk  of  the  township 
shall  "be  clerk  of  the  board.  The  president  and  vice  presi- 
dent shall  serve  for  a  term  of  one  year  and  the  clerk  for  a 
term  not  to  exceed  two.  )^ears.  In  all  other  districts  a  per- 
son who  may  or  may  not  be  a  member  of  the  board  shall 
be  elected  clerk.  The  board  shall  fix  the  time  of  holding  its 
regular  meetings,     (As  amended  April  28,  1910.) 

President  of  board  of  education  is  an  officer  within  the  meaning  of  sec- 
tion 8,  G.  C,  and  holds  over  until  successor  qualifies.  State  v.  Withrow,  31 
O.  C,  215   (11  N.   S.,  569.) 

Section  4748.  A  vacancy  in  any  board  of  education  vacancies  in 
may  be  caused  by  death,  non-residence,  resignation,  re-  l?f^^'  ^°^ 
riioval  from  office,  failure  of  a  person  elected  or  appointed 
to  qualify  within  ten  days  after  the  organization  of  the 
board  or  of  his  appointment,  removal  from  the  district  or 
absence  from  meetings  of  the  board  for  a  period  of  ninety 
days,  if  such  absence  is  caused  by  reasons  declared  insuffi- 
cient by  a  two-thirds  vote  of  the  remaining  members  of  the 
board,  which  vote  must  be  taken  and  entered  upon  the  re- 
cords of  the  board  not  less  than  thirty  days  after  such  ab- 
sence. Any  such  vacancy  shall  be  filled  by  the  board  at 
its  next  regular  or  special  meeting,  or  as  soon  thereafter 
as  possible,  by  election  for  the  unexpired  term.  A  majori- 
ty vote  of  all  the  remaining  members  of  the  board  may  fill 
any  such  vacancy.     (R.  S.  Sec.  3981.) 


48 


r.OARDS   OF   EDUCATION. 


Corporate 
powers   of 
board   of 
education. 


Board  may 
make  rules; 
local  meet- 
ings. 


Section  4749.  The  board  of  education  of  each 
school  district,  organized  under  the  provisions  of  this  title, 
shall  be  a  body  politic  and  corporate,  and,  as  such,  capable 
of  suing  and  being  sued,  contracting  and  being  contracted 
with,  acquiring,  holding,  possessing  and  disposing  of  real 
and  personal  property,  and  taking  and  holding  in  trust  for 
the  use  and  benefit  of  such  district  any  grant  or  devise  of 
land  and  any  donation  or  bequest  of  money  or  other  per- 
sonal property  and  of  exercising  such  other  powers  and 
privileges  as  are  conferred  by  this  title  and  the  laws  relat- 
ing to  the  public  schools  of  this  state.      (R.  S.  Sec.  3971.) 

For  "an  act  to  authorize  certain  boards  of  education  to  sell  real  estate 
at   private   sale  to   municipal   corporations,"    see   81   v.   93. 

P'or  "an  act  to  authorize  the  use  of  school  houses  for  literary  entertain- 
ments, school  exhibitions,  singing  schools,  and  religious  exercises,"  see  Sec. 
7622. 

A  board  of  education  is  not  liabl°,  in  its  corporate  capacity,  for  damages 
for  an  injury  resulting  to  a  pupil  while  attending  a  common  school,  from  its 
negligence  in  the  discharge  of  its  official  duty  in  the  erection  and  mainte- 
nance of  a  common  school  building  under  its  charge,  in  the  absence  of  a 
statute   creating  a  liability.     30  O.    S.,   37. 

A  dedication  for  school  purposes  is  for  a  sprcific  use,  and  confers  no 
power  of  alienation  so  ss  to  extinguish  the  use.     18  O.   S.,   221. 

Boards  of  education  are  invested  with  the  title  to  the  property  of  their 
respective  districts  in  trust  for  the  use  of  public  schools;  and  a  lease  of  a 
public  school  house  for  the  purpose  of  having  a  private  or  select  school  taught 
therein,  for  a  term  of  weeks,  is  in  violation  of  the  trust;  and  such  use  may 
be  restrained   at  the   suit  of  a  resident  taxpayer   of  the  district.     £5  O.    S.,   143. 

Where  land  was  conveyed  to  a  township  board  of  education,  its  succes- 
sors and  assigns,  for  the  use  of  school  purposes  onlv,  and  the  board  after- 
ward sold  the  land  at  public  outcry  to  C. ;  Held,  that  the  sale  was  not  in 
violation  of  the  terms  of  the  grant.     37  O.   S.,  262. 

The  board  of  education  being  a  legal,  entity  empowered  to  sue  has 
capacity  to  sue  its  defaulting  treasurer  without  resorting  to  his  bond.  51 
O.  S.,  115. 

An  officer  acting  within  the  scope  of  his  authority  is  only  responsible 
for  an    injury   resulting   from   a   corrupt   motive.     17   O.,   402. 

A  board  of  education  is  not  subject  to  quo  warranto,  since  it  cannot  be 
ousted;  it  is  not  such  a  corporation  as  R.  S.,  Sec.  6761  contemplates,  but  a 
state   agency.     7   C.    C,   152. 

Corporations  must  take  and  grant  by  their  corporate  names.  2  Kent., 
11  Ed.,  351. 

Section  4750.  The  board  of  education  shall  make 
such  rules  and  regulations  as  it  deems  necessary  for  its 
government  and  the  government  of  its  employes  and  the  pu- 
pils of  the  schools.  No  meeting  of  a  board  of  education, 
not  provided  for  by  its  rules  or  by  law,  shall  be  legal  unless 
all  the  members  thereof  have  been  notified,  as  provided  in 
the  next  section.     (R.  S.  Sec.  3985.) 

Board  can  not  authorize  clerk  to  become  custodian  of  tuition  funds  under 
this  section.     74  O.  S.,  80.     See  State  ex  rel.  v.  Wickham  under  section  7684. 

As  the  act  authorizing  the  board  to  make  rules  does  not  provide  how 
they  shall  be  enforced,  the  board  has  discretionary  power  over  the  subject.  A 
rule  that  a  pupil  not  prepared  with  a  rhetorical  exercise  should  be  suspended 
unless  excused  for  cause  is  reasonable.  Neither  the  board  nor  the  teacher 
suspending    a    pupil   under   such    rule    is    liable    for    damages.      29    O.    S.,    89. 

The  rules  must  not  be  inconsistent  with  Sec.  3982  R.  S.,  52  O.  S.,  138, 
149. 

If  a  deliberative  body  adopts  rules,  but  no  rule  for  suspending  a  rule, 
a  suspension  cannot  be  by  a  bare  majority,  for  the  rule  would  then  have  no 
force  as  a  rule.     2  C.   C,  510,  517. 

Corporal  punishment  may  be  inflicted  if  such  are  the  rules  of  the 
school,  and  an  unknown  predisposition  to  certain  diseases  will  not  make  an 
otherwise   proper   punishment  tortuous.     4   B.,   81. 

A  reporter  is  on  the  floor  of  a  school  board  as  a  privilege  and  not  as  a 
right,  a  gallery  being  provided  for  the  rest  of  the  public,  and  the  board  may 
expel   him.     9   B.,    242. 

SCHOOL   DISCIPLINE. 

The  conduct  of  the  pupils  upon  any  part  of  the  premises  connected  with 
the  school  house  or  in  the  immediate  vicinity  of  the  same  (the  pupils  being 
thus  virtually  under  the  care  of  the  teacher),  whether  within  the  regular 
school  hours  or  before  or  after  them,  is  properly  cognizable  by  the  teacher. 
.\nd  any  disturbance  made  by  them  within  range  injuriously  affecting 
in  any  way  the  interests  of  the  school,  may  clearly  be  the  subject  of  re- 
proof  and   correction   by  the   teacher.      Barden.    School    Law,    p.   79. 


BOARDS  OF  EDUCATION.  49 

The  right  of  a  schoolmaster  to  correct  his  scholars  has  always  been 
practically  and  judicially  sanctioned,  but  the  chastisement  must  not  exceed 
the  limits  of  moderate  correction;  and  though  courts  are  bound,  with  a 
view  to  the  maintenance  of  necessary  order  and  decorum  in  schools,  to  look 
with  all  reasonable  indulgence  upon  the  exercise  of  this  right,  yet,  whenever 
the  correction  shall  appear  to  have  been  clearly  excessive  and  cruel,  it  must 
be  adjudged  illegal.     10  Vt.,   108. 

The  parent  may  be  said  to  exercise  a  judicial  authority  in  determining 
what  punishment  by  himself,  is  proper  for  his  child,  but  is  liable,  criminally, 
in  a  clear  case  of  excess.  Johnson  v.  State,  2  Hump,  283.  The  teacher  also 
acts  judicially  in  such  a  case,  and  is  not  to  be  made  liable,  civilly  or  crim- 
inally, unless  he  acted  with  express  malice,  or  was  guilty  of  such  excess  that 
malice  must     be  implied.     2  Dev.  and  Bat.,  365;    4  Ind.   R.,  290. 

^  Whether  under  the  facts  the  punishment  is  excessive,  must  be  left  to 
the  jury  to  decide.  '  Commonwealth  of  Massachusetts  v.  Randall,  4  Gray,  38. 
If  the  effects  of  acts  done  out  of  school  houses  reach  within  the  school- 
room during  school  hours,  and  are  detrimental  to  good  order  and  the  best 
interests  of  the  pupils,  it  is  evident  tht  such  acts  may  be  forbidden.  31  ^ 
la.,  562. 

Though  a  schoolmaster  has,  in  general,  no  right  to  punish  a  pupil  for 
misconduct  committed  after  the  dismissal  of  school  for  the  day  and  the 
rtturn  of  the  pupil  to  his  home,  yet  he  may  on  the  pupil's  return  to  school, 
punish  him  for  any  misbehavior,  though  committed  out  of  school,  which  has 
a  direct  or  immediate  tendency  to  injure  the  school  and  to  subvert  the  master's 
authority.     32   Vt.   114. 

While  the  decisions  in  Ohio  are  very  limited  on  this  subject,  it  seems 
to  be  the  consensus  of  opinion  throughout  the  different  states  that  the  teach- 
er's authority  over  a  pupil  extends  to  all  actions  taking  place  in  the  imme- 
diate vicinity  of  the  school;  that  on  the  pupil's  way  to  and  from'  school 
the  authority  of  the  parent  and  teacher  is  concurrent,  the  parent  taking 
precedent  when  both  are  present,  and  that  the  teacher  can  call  a  pupil  to 
account  for  misconduct,  committed  at  any  time,  tending  to  impair  the  use- 
fulness   of   the    school    or   to    subvert    the    teacher's    authority. 

A  court  may  review  the  action  of  a  board  and  pass  upon  the  reasonable- 
ness of  any  of  its  rules,  but  if  they  have  erred,  while  discharging  their 
duty  in  good  faith,  they  are  not  liable  to  action  therefor.     32  Vermont,  224. 

The  act  of  the  board  of  education  and  the  teachers,  in  matters  of  or- 
ganizing, grading,  and  governing  the  school,  will  be  conclusive,  unless  the 
power  is  abused  or  perverted  under  some  apparently  reasonable  pretense. 
23   Pick.,   224;     2   Cushing,   198. 

"A  teacher,  in  the  exercise  of  the  power  of  corporal  punishment,  must 
not  make  such  power  a  pretext  for  cruelty  and  oppression;  but  the  cause 
must  be  sufficient,  the  instrument  suitable,  and  the  manner  and  extent  of 
the  correction,  the  part  of  the  person  to  which  it  is  applied,  and  the  temper 
in  which  it  is  inflicted,  should  be  distinguished  with  the  kindness,  prudence, 
and  propriety  which  become  the  station."  Cooper  v.  McJunkin,  4  Ind.,  290. 
A  schoolmaster  is  not  relieved  from  liability  in  damages  for  the  pun- 
ishment of  a  scholar  which  is  clearly  excessive  and  unnecessary,  by  the  fact 
that   he    acted   in    good    faith    and    without    malice     honestly   thinking    that    the  * 

punishment    was    necessary,    both    for    the    discipline    of    the    school    and    the 
welfare   of  the   scholar. 

If  there  is  any  reasonable  doubt  whether  the  punishment  was  excessive, 
the  teacher  should  have  the  benefit  of  the  doubt.  Lander  v.  Seaver,  32  Vt. 
R.,  123;  Wharton's  American  Crim.  Law,  1259,  and  1  Sanders  on  PI.  Ev., 
144. 

In  the  case  of  Martin  Quinn  v.  Mary  D.  Nolan,  a  suit  tried  in  the 
superior  court  of  Cincinnati,  Judge  Harmon,  in  charging  the  jury,  used  the 
following   language: 

"If  the  jury  should  find  the  defendent  did  not,  in  view  of  all  the  cir- 
cumstances, inflict  a  greater  degree  of  punishment  upon  the  plaintiff's  son 
than  she  was  fairly  entitled  to  do,  and  was  proper,  of  course  they  must  find 
for  defendant.  But,  ff  they  should  find  she  did  go  beyond  that,  then  it 
would  be  necessary  to  go  further  and  inquire  into  the  damages  that  should 
be  allowed.  The  law  holds  a  person  responsible  only  for  the  natural  and 
ordinary  consequences  of  his  acts,  these  consequences  which  the  law  pre- 
sumes he  might  or  should  have  foreseen  at  the  time  he  committed  the  act. 
Therefore,  it  might  make  a  difference  in  the  amount  of  their  finding  if  it 
should  appear  that  the  child  was  afflicted  with  or  predisposed  to  certain 
diseases,  and  the  defendant  had  no  notice  thereof  from  his  parents,  the  boy 
biraself,  his  appearance,  or  otherwise.  If  the  defendant,  from  the  knowledge 
she  had  of  the  boy  and  his  appearance,  would  be  justified  in  supposing  him 
to  be  like  other  boys  of  his  age,  and  inflicted  only  a  proper  punishment,  then 
she  would  not  be  liable  at  all,  even  though  unfortunately  some  hidden  defect 
in  the  boy's  constitution  should  cause  injury  to  his  health  to  follow.  Or, 
if  they  should  find  for  the  plaintiff,  this  fact  of  ignorance  on  her  part  would 
prevent  her  from  being  liable  for  any  consequence  arising  from  such  weak- 
ness or  predisposition  in  the  boy,  of  which  she  was  ignorant  in  fact,  and  of 
which  his  appearance  furnished  no  warning.  It  is  the  duty  of  parents  who 
send  their  children  to  school,  whose  health  or  disposition  would  render  the 
punishment  permitted  by  the  rules  of  the  school  dangerous  or  improper,  to 
see   the   teacher   is   informed   of   the    fact." 

Section  4751.     A  special  meeting  of  a  board  of  educa-  special  meet- 

tion  may  be  called  by  the  president  or  clerk  thereof  or  by  ing  of  the 

any  two  members,  by  serving  a  written  notice  of  the  time  ^^^'^^^ 
4     p.  T..                                     40 


50 


BOARDS  OF  EDUCATIOX, 


yuorum;    yeas 
and  nays  in 
certain  cases. 


Absence   of 
president   or 
clerk. 


Record   of 
proceedings 
,and    attesta- 
tion   thereof. 


and  place  of  such  meeting  upon  each  member  of  the  board 
either  personally  or  at  his  residence  or  usual  place  of  busi- 
ness. Such  notice  must  be  signed  by  the  official  or  mem- 
bers calling  the  meeting.     (R.  S.  Sec.  3978.) 

Section  4752.  A  majority  of  the  members  of  a 
board  of  education  shall  constitute  a  quorum  for  the  trans- 
action of  business.  Upon  a  motion  to  adopt  a  resolution 
authorizing  the  purchase  or  sale  of  real  or  personal  proper- 
ty or  to  employ  a  superintendent  or  teacher,  janitor  or  other 
employe  or  to  elect  or  appoint  an  officer  or  to  pay  any  debt 
or  claim  or  to  adopt  any  text  book,  the  clerk  of  the  board 
shall  publicly  call  the  roll  of  the  members  composing  the 
board  and  enter  on  the  record  the  names  of  those  voting 
"Aye''  and  the  names  of  those  voting  "No".  If  a  majori- 
ty of  all  the  members  of  the  board  vote  aye,  the  president 
shall  declare  the  motiont  carried.  Upon  any  motion  or 
resolution,  a  member  of  the  board  may  demand  the  yeas 
and  nays,  and  thereupon  the  clerk  shall  call  the  roll  and  re- 
cord the  names  of  those^  voting  "Aye"  and  those  voting 
"No",  Each  board  may  provide  for  the  payment  of  su- 
perintendents, teachers  and  other  employes  by  pay-roll,  if 
it  deems  advisable,  but  in  all  cases  such  roll  call  and  record 
shall  be  complied  with.     (R.  S.  Sec.  3982.) 

Records  of  quasi  corporations  are  not  considered  of  that  absolute  verity 
that  parol  testimony  is  inadmissible  to  show  facts  upon  which  the  record  is 
silent.     5  0.,   136. 

An  agreement  by  members  of  a  township  board  of  education,  acting  in 
their  individual  capacity,  to  purchase  from  another  person  appar^us  for  the 
schools  of  the  township,  and  to  ratify  such  contract  of  purchase  at  the  next 
meeting  of  tlie  board,  is  contrary  to  public  policy,  and  therefore  illegal  and 
void,  and  not  enforceable  either  against  the  board  or  the  members  thereof 
as   individuals.     29   O.   S.,  419. 

The  order  of  the  clerk  on  the  treasurer  is  not  negotiable,  and  the  written 
acceptance  of  an  order  by  a  treasurer  who  has  gone  out  of  office  imposes 
no  greater  obligation  on  the  treasurer  to  pay  than  if  it  had  been  presented 
without   such  endorsement.     22  O.   S.,   144. 

Calling  the  roll  and  entering  the  "ayes"  and  "noes"  is  mandatory  else 
the   election   is  void.     52   O.    S.,   138. 

Where  the  minutes  show  the  aye  and  nay  vote  and  how  each  member 
voted  but  does  not  state  expressly  that  the  roll  was  called,  this  is  sufficient 
compliance   with  this   section.     13   C.   C,   207. 

An  election  to  fill  a  vacancy  on  the  board  is  not  an  election  of  an  officer 
and  would  not  come  under  the  provisions  of  this  section. 

In  case  a  board  should  really  lose  half  or  more  of  its  members,  the 
county  commissioners  must  keep  up  the  schools.  As  they  may  do  all  that  a 
board  could  do,  they  may  appoint  a  new  board,  or  members  enough  to  pro- 
ceed with   the  appointment  to  the   completion  of   a   new  board;    see   Sec.  7610. 

In  all  cases  except  those  which  are  declared  to  require  a  majority  of  all 
the  members  composing  the  board,  a  majority  of  a  quorum  is  sufficient  to 
pass  a  measure,  and  the  roll  need  not  be  called  unless  demanded  by  a  member 
of  the  board. 

No  member  of  a  board  can  delegate  his  power  to  act  to  another  person, 
either  a  member  of  the  board  or  otherwise.  It  is  said  that  this  is  sometimes 
done.  But  acts  depending  on  such  delegated  votes  are  void.  For  heavy 
penalty  attached  to  such  assumption  of  official  duty,  see  Revised  Statutes, 
Sec.    6913. 

Section  4753.  If  the  president  or  clerk  is  absent  at 
any  meeting  of  the  board  of  education,  the  members  pres- 
ent shall  choose  one  of  their  number  to  serve  in  his  place 
pro  tempore.  If  both  the  president  and  clerk  are  absent, 
both  places  shall  be  filled.  On  the  appearance  of  either  at 
the  meeting  after  his  place  has  been  so  filled,  he  shall  immedi- 
ately assume  the  duties  of  his  office.     (R.  S.  Sec.  3983,) 

Section  4754-  The  clerk  of  the  board  of  education 
shall  record  the  proceedings  of  each  meeting  in  a  book 
to  be  provided  by  the  board  for  that  purpose,  which  shall 


BOARDS  OF  EDUCATION.  5I: 

be  a  public  record.  The  record  of  proceedings  at  each 
meeting  of  the  board  shall  be  read  at  its  next  succeeding 
meeting,  corrected,  if  necessary,  and  approved,  which  ap- 
proval shall  be  noted  in  the  proceedings.  After  such  ap- 
proval, the  president  shall  sign  the  record  and  the  clerk  at- 
test it.     (R.  S.  Sec.  3984.) 

A  board  of  education  can  speak  only  through  its  records,  and  these 
must  accordingly  be  complete,  showing  just  what  the  board  did,  and  no 
more.  A  motion  made  by  a  member,  seconded  by  another  member,  stated 
bj'  the  president,  ^nd  voted  on  by  the  board,  is  business,  and  is  to  be 
rtcorded,  though  not  a  single  m:mber  voted  for  it.  Any  vote  upon  it,  as  to 
refer,  to  postpone,  or  to  lay  upon  the  table,  is  action,  and  should  be  recorded. 
If  the  board  adjourn  .  pending  the  consideration  of  the  motion,  the  motion 
should  be  recorded.  If  the  mover  withdraws  the  motion,  by  consent  of  the 
board,  by  general  consent   it  may  also  be  omitted   from  the  rocords. 

The  records  of  a  special  meeting  should  state  by  whom  the  meeting  was  ^ 

called,  as  the  legality  of  the  proceedings  d'^pends  upon  the  legality  of  the  call. 

If  a  record  is  inadequately  entered,  parol  evidence  may,  it  seems,  be 
admitted   to   show   that    action   was    taken    which   is   not    found    on    the    records  ^ 

at  all.  The  commissioner  of  schools  of  Rhode  Island  decided,  under  instruc- 
tion of  Judge  Brayton,  of  the  supreme  court,  that  "imperfections  in  a  clerk's 
record  of  a  resoluiion  do  not  render  invalid  a  tax  properly  voted."  Yet  all 
these  iniperfcclions  in  the  record  lead  to  trouble  —  some  litigation,  often 
to  questions  which  only  courts  of  law  can  decide,  and  in  which  their  decision 
may  be   such   as  to   defeat  what   was   attempted   to  be  done   in   the   case. 

The  power  to  am'-nd  the  records  exists  with  the  clerk  while  he  is  in 
office,  but  not  after  his  term  expires,  nor  for  any  purpose  other  than  to 
make   them   truthful   and   complete   as   to   fact.     11-  Mass.,   477;     17    Maine,   444. 

Records  of  quasi  corporations  are  not  considered  of  that  absolute  verity 
that  parol  testimony  is  inadmissible  to  show  facts  upon  which  the  record  is 
silent.     5   Ohio,   136. 

Recording  of  vote  in  certain  cases;     see  Sec.   4752. 

Where  a  board  at  a  regularly  called  meeting,  makes  a  contract  with  a 
qualified  teacher,  but  no  record  is  made  of  the  proceedings,  the  teacher  may 
prove,  if  he  can  do  so  by  competent  parol  testimony,  such  official  action 
of  said  board.     3   C.   C,  517. 

Section   4755.     By   the   adoption   of   a    resolution,    a    Boards  may- 
board  of  education  may  accept  any  bequest  made  to  it  by   ^';^^Sl  ^^' 
will  or  may  accept  any  gift  or  endowment  from  any  per- 
son or  corporation  upon    the    conditions    and    stipulations 
contained  in  the  will  or  connected  with  the  gift  or  endow- 
ment.    For  the  purpose  of  enabling  the  board  to  carry  out 
the  conditions  and  limitations  upon  which  a  bequest,  gift ' 
or  endowment  is  made,  it  may  make  all  rules  and  regula- 
tions required  to  fully  carry  them  into  effect.     No  such  be- 
quest, gift  or  endowment  shall  be  accepted  by  the  board  if 
the  conditions  thereof  shall  remove  any  portion  of  the  pub- 
lic schools  from  the  control  of  such  board.     (R.   S.   Sec. 
3975-) 

Section  4756.     When  a  board  of  eUication  decides  to    jjow  real 
dispose  of  real  or  personal  property,  held  by  it  in  its  corpo-    property  may^ 
rate  capacity,  exceeding  in  value  three  hundred  dollars,  it   ^^  ^°^^' 
shall  sell  such  property  at  pubic  auction  after  giving  at  least 
thirty  days^  notice  thereof  by  publication  in  a  newspaper 
of  general  circulation  or  by  posting  notices  thereof  in  five 
of  the  most  public  places  in  the  district  in  whch  such  prop- 
erty .is  situated.     When  the  board  has  twice  so  offered  a 
tract  of  real  estate  for  sale  at  public  auction  and  it  is  not 
sold,  the  board  may  sell  it  at  private  sale,  either  as  an  en- 
tire tract  or  in  parcels,  as  the  board  deems  best.     The  presi- 
dent and  secretary  of  the  board  shall  execute  and  deliver 
deeds  necessary  to  complete  such  sale.     (R.  S.  Sec.  3971.) 

Section    4757.     Conveyances    made    by    a    board    of   Conveyance 
education    shall    be    executed    by  the    president  and  clerk   ^""^  contracts.. 


52 


BOARDS  OF  EDUCATION. 


Member    of 
board  of  edu- 
cation accept- 
ing compen- 
sation. 


Officer  or 
agent    inter- 
ested  in 
contracts. 


Same  as  to 
other  con- 
tracts. 


Emplyoing 
relative  as 
teacher. 


Exchange    of 
real  estate. 


School    prop- 
erty exempt 
from    taxa- 
tion. 


thereof.  No  member  of  the  board  shall  have  directly  or 
indirectly  any  pecuniary  interest  in  any  contract  of  the 
board  or  be  employed  in  any  manner  for  compensation  by 
the  board  of  which  he  is  a  member  except  as  clerk  or  treas- 
urer. No  contract  shall  be  binding  upon  any  board  unless 
it  is  made  or  authorized  at  a  regular  or  special  meeting  of 
such  board.     (R.  S.  Sec.  3974.) 

Section  12883.  Whoever,  being  a  member  of  a  board  of 
education,  accepts  or  receives  for  his  services  as  such  member 
any  compensation  except  as  clerk  or  treasurer  of  such  board  or  as 
otherwise  provided  by  law,  shall  be  imprisoned  in  the  penitentiary 
not  less  than  one  year  nor  more  than  twenty-one  years  and  fined 
double  the  amount  of  money  or  other  property  so  accepted  or 
received.     (R.  S.   Sec.  6975.) 

Section  12910.  Whoever,  holding  an  office  of  trust  or  profit 
by  election  or  appointment,  or  as  agent,  servant  or  employe  of  such 
officer  or  of  a  board  of  such  officers,  is  interested  in  a  contract 
for  the  purchase  of  property,  supplies  or  fire  insurance  for  the  use 
of  the  county,  township,  city,  village,  board  of  education  or  a 
public  institution  with  which  he  is  concerned,  shall  be  imprisoned 
in  the  penitentiary  not  less  than  one  year  nor  more  than  ten  years. 
(R.   S.   Sec.  6969.) 

Section  12911.  Whoever,  holding  an  office  of  trust  or  profit, 
by  election  or  appointment,  or  as  agent,  servant  or  employe  of 
such  officer  or  of  a  board  of  such  officers,  is  interested  in  a  con- 
tract for  the  purchase  of  property,  supplies  or  fire  insurance  for 
the  use  of  the  county,  township,  city,  village,  board  of  educa- 
tion or  a  public  institution  with  which  he  is  not  connected,  and 
the  amount  of  such  contract  exceeds  the  sum  of  fifty  dollars,  unless 
such  contract  is  let  on  bids  duly  advertised  as  provided  by  law, 
shall  be  imprisoned  in  the  penitentiary  not  less  than  one  year  nor 
more  than  ten  years.     (R.   S.  Sec.   6969.) 

Section  12932.  Whoever,  being  a  local  director  or  member 
of  a  board  of  education,  votes  for  or  participates  in  the  making 
of  a  contract  with  a  person  as  a  teacher  or  instructor  in  a  public 
school  to  whom  he  or  she  is  related  as  father  or  brother,  mother 
or  sister,  or  acts  in  a  matter  in  which  he  or  she  is  pecuniarily 
interested,  shall  be  fined  not  less  than  twenty  five  dollars  nor  more 
than -five  hundred  dollars  or  imprisoned  not  more  than  six  months, 
or  both.      (R.   S.   Sec.  6975a.) 

Section  4758.  Upon  a  vote  of  a  majority  of  the 
members  of  a  board  of  education  and  a  concurring  vote  of 
the  council  of  a  municipal  corporation,  declaring  that  an 
exchange  of  real  estate  held  by  such  board  for  school  pur- 
poses for  real  estate  held  by  such  mimicipal  corporation  for 
municipal  purposes  wall  be  mutually  beneficial  to  such 
school  district  and  municipal  corporation,  such  exchange 
may  be  made  by  conveyances,  executed  by  the  mayor  and 
clerk  of  the  corporation  and  by  the  president  and  clerk  of 
the  board  of  education,  respectively.     (R.  S.   Sec.  3971.) 

Section  4759.  Real  or  personal  property  vested  in 
any  board  of  education  shall  be  exempt  from  taxation  and 
from  sale  on  execution  or  other  writ  or  order  in  the  nature 
of  an  execution.     (R.  S.  Sec.  3973.) 

Non-taxation    of    school   property;     Sec.   5349. 

Provisions  relating  to  taxation  of  school,  ministerial,  and  other  lands; 
Sec.   6330. 

School  property  is  not  liable  to  assessment  for  street  improvement;  nor 
■can  a  judgment  be  rendered  against  the  board  of  education  for  the  payment 
of  the  assessment  out  of  its  contingent  fund.     48  O.    S.,  83. 

Sidewalk  —  School   property  not  assessable    for.     48  O.   S.,   87. 

Property  purchased  by  a  board  of  education,  and  upon  which  there  is 
a  mortgage  lien,  may  be  sold  on  foreclosure.  39  B.,  76;  Aff'd  by  Supreme 
Court. 


BOARDS  OF  EDUCATION. 


53 


Section  4760.     Process  in  all  suits  against  a  board  of   Processes 
education  shall  be  by  summons  which  shall  be  served  by   how^ferved^*^^' 
leaving  a  copy  thereof  with  the  clerk  or  president  of  the 
board.     (R.  S.  Sec.  3976.) 


Section  4761.  Except  in  city  school  districts,  the 
prosecuting  attorney  of  the  county  shall  be  the  legal  adviser 
of  all  boards  of  education  of  the  county  in  which  he  is 
serving.  He  shall  prosecute  all  actions  against  a  member 
or  officer  of  a  board  of  education  for  malfeasance  or  mis- 
feasance in  office,  and  he  shall  be  the  legal  counsel  of  such 
boards  or  the  officers  thereof  in  all  civil  actions  brought  by 
or  against  them  and  shall  conduct  such  actions  in  his  official 
capacity.  .  When  such  civil  action  is  between  two  or  more 
boards  of  education  in  the  same  county,  the  prosecuting  at- 
torney shall  not  be  required  to  act  for  either  of  them.  In 
city  school  districts,  the  city  solicitor  shall  be  the  legal  ad- 
viser and  attorney  for  the  board  of  education  thereof,  and 
shall  perform  the  same  services  for  such  board  as  herein 
required  of  the  prosecuting  attorney  for  other  boards  of 
education  of  the  county.     (R.  S.  Sec.  3977.) 

It  has  been  held  by  attorneys  for  the  state  that,  since  a  board  of  edu- 
cation by  the  provisions  of  section  4749  is  a  body  politic  and  corporate,  and  is 
vested  with  the  power  of  suing  and  being  sued,  it  is  authorized,  by  implica- 
tion, to  employ  legal  counsel  to  assist  the  prosecutor  in  any  case  in  which 
the  board  is   plaintiff   or   defendant. 

Section  4762,  The  duties  prescribed  by  the  preced- 
ing section  shall  devolve  upon  any  official  serving  in  a  ca- 
pacity similar  to  that  of  prosecuting  attorney  or  city  solici- 
tor for  the  territory  wherein  a  school  district  is  situated,  re- 
gardless of  his  official  designation.  No  prosecuting  at- 
torney, city  solicitor  or  other  official  acting  in  a  similar  ca- 
pacity shall  be  a  member  of  the  bord  of  education.  No 
compensation  in  addition  to  such  officer's  regular  salary 
shall  be  allowed  for  such  services.     (R.  S.  Sec.  3977.) 


Prosecuting 
attorney  or 
city  solicitor 
to  be  counsel 
of  school 
board. 


When  other 
officers  may 
act;  restric- 
tions. 


CHAPTER  7. 
TREASURER  AND  CLERK. 


-Section 

4763.  Treasurer   of   school   funds. 

4764.  Bond   of   treasurer. 

4765.  Additional   sureties  or  new  bond. 

4766.  Filing  and  approval   of  bond. 

4767.  Counting  of   funds. 

4768.  When     treasurer    may     receive     or     pay 

money. 

4769.  Maximum  amount  of  funds  which  treas- 

urer may  hold. 

4770.  Annual     settlement     by     treasurer     with 

county   auditor. 

4771.  Compensation  for  making  settlement. 

4772.  Penalty  for  failure  to  make  settlement. 

4773.  Treasurer  to  deliver  funds  to   successor. 

4774.  Bond  of  clerk. 


Section 

4775.  Annual    statistical    report    of    board    of 

expenditures   by   clerk. 

4776.  Publication  of  statement  of  receipts  and 

expenditures. 

4777.  Clerk  to  deliver  books,  etc.,  to  successor. 
477S.    How    treasurer    and    clerk    to    keep    ac- 
counts. 

4779.  Clerk's  account. 

4780.  Treasurer's    account. 

4781.  Compensation  of  treasurer   and  clerk. 

4782.  When    treasurer    of    school    moneys   may 

be    dispensed   with. 

4783.  When  clerk  shall  perform  the  duties   of 

treasurer. 

4784.  Provisions     when     depository     ceases     to 

act. 


Treasurer    of 
school   funds. 


Bond  of 
treasurer. 


Additional 
sureties  or 
new  bond. 


Section  4763.  In  each  city,  village  and  township 
school  district,  the  treasurer  of  the  city,  village  and  town- 
ship funds,  respectively,  shall  be  the  treasurer  of  the  school 
funds.  In  each  special  district  the  board  of  education  shall 
choose  its  own  treasurer,  whose  term  of  office  shall  be  for 
one  year  beginning  on  the  first  day  of  September.  (R,  S. 
Sec.  4042.) 

The  relations  between  the  board  of  education  and  the  treasurer  are 
such  that  one  person  can  not  be  a  member  of  the  board  and  at  the  same 
time  act  as  its  treasurer.  In  passing  upon  the  sufficiency  of  the  treasurer's 
bond,  if  he  be  a  member  of  the  board,  his  own  vote  may  determine  the  action 
of  the  board   in   reference  to   said  bond. 

Sec.  19.  The  state,  any  county,  township,  municipal  corporation,  or 
school  board,  shall  not_  be  precluded  by  the  illegal  loan  or  deposit  by  any 
officer  or  agent  of  public  money,  funds,  property,  bonds,  securities,  or  assets, 
belonging  to  it,  from  suing  for  and  recovering  the  same;  and  such  suit  shall 
not  be  held  to  be  an  adoption  or  satisfaction  of  such  illegal  transaction. 

Embezzlement  of  school  funds,  penalty;    see  sections  12873,  12878. 

What  is  prima  facie  evidence  of  embezzlement  by  imblic  officers;  see 
Sec.  13674. 

Township  trustees  have  no  authority  to  release  a  treasurer  from  his 
liability  for  any  portion  of  the  school  fund  belonging  to  the  township. 
13   O.,   495. 

Section  4764.  Before  entering  upon  the  duties  of  his 
office,  each  school  district  treasurer  shall  execute  a  bond, 
with  sufficient  sureties,  in  a  sum  not  less  than  the  amount  of 
school  funds  that  may  come  into  his  hands,  payable  to  the 
state,  approved  by  the  board  of  education,  and  conditioned 
for  the  faithful  disbursment  according  to  law  of  all  funds 
wdiich  come  into  his  hands,  provided  that  when  school 
moneys  have  been  deposited  under  the  provisions  of  sec- 
tions 7604-7608  inclusive,  the  bond  shall  be  in  such  amount 
as  the  board  of  education  may  require.  (As  amended 
May  10,  19 10.) 

Section  4765.  Thereafter  such  treasurer  may  be  re- 
quired to  give  additional  sureties  on  his  accepted  bond,  or 
to  execute  a  new  bond  with  sufficient  sureties  to  the  approv- 
al of  the  board  of  education  when  such  board  deems  it 
necessary.  If  he  fails  for  ten  days  after  service  of  notice 
in  writing  of  such  requisition,  to  give  such  bond  or  ad- 
ditional sureties,  as  so  required,  the  office  shall  be  declared 
vacant  and  filled  as  in  other  cases.     (R.  S.  Sec.  4043.) 

54 


TREASURER    AND   CLERK. 


55 


Section  4766.  Each  such  bond,  when  so  executed 
and  approved,  shall  be  filed  with  the  clerk  of  the  board  of 
education  of  the  district,  and  recorded.  He  shall  cause  a 
certified  copy  thereof  or  the  names  of  additional  sureties, 
to  be  filed  with  the  county  auditor  without  delay.  (R.  S. 
Sec.  4043-) 

Section  4767.  Such  board  at  the  time  of  the  approval 
of  any  bond  or  sureties,  shall  require  the  treasurer  of  the 
school  funds  to  produce  all  money,  bonds  or  other  sucuri- 
ties  in  his  hands  as  such  treasurer,  and  they  then  must  be 
counted  by  the  board  or  a  committee  thereof,  in  the  pres- 
ence of  its  clerk,  who  thereupon  shall  enter  upon  the  re- 
cords of.  the  board,  a  certificate,  setting  forth  the  exact  a- 
mount  of  money  or  securities  so  found  in  the  hands  of  such 
treasurer.  Such  record  shall  be  signed  by  the  president 
and  clerk  of  the  board  and  be  prima  facie  evidence  that 
the  amount  therein  stated  was  actually  in  the  treasury  at 
that  date.     (R.  S.  Sec.  4043.) 

Section  4768.  No  treasurer  of  a  school  district 
shall  pay  out  any  school  money  except  on  an  order  signed 
by  the  president  or  vice-president,  and  countersigned  by  the 
clerk  of  the  board  of  education,  and  when  such  school 
moneys  have  been  deposited  as  provided  by  sections  7604- 
7608  inclusive,  no  money  shall  be  withdrawn  from  any 
such  depository,  except  upon  an  order  signed  by  the  treasur- 
er and  by  the  president  or  vice  president  and  countersigned 
by  the  clerk  of  the  board  of  education ;  and  on  money  shall 
be  paid  to  the  treasurer  of  the  district  other  than  that  re- 
ceived from  the  county  treasurer,  except  upon  the  order  of 
the  clerk  of  the  board,  who  shall  report  the  amount  of  such 
miscellaneous  receipts  to  the  county  auditor  each  year  im- 
mediately preceding  such  treasurer's  settlement  with  the 
auditor.     (As  amended  May  10,  1910.) 

A  board  of  education  has  capacity  to  sue  its  treasurer  for  money  re- 
ceived and  not  accounted  for.  The  remedy  is  not  limited  to  an  action  on  the 
bond,    but    may    be    for   money    had    and    received.      51    O.    S.,    115. 

The  treasurer  should  not  pay  an  order  for  what  he  believes  to  be  an 
illegal  object,  until  he  can  consult  with  other  members  of  the  board,  and 
have  the  question  fully  investigated.  A  man  of  discretion  is  supposed  to 
be  chosen  to  this,  as  to  other  offices,  that  the  chances  for  discovering  errors 
and  fraud   may  be  multiplied. 

Section  4769.  The  clerk  of  a  board  of  education  or 
the  county  auditor  shall  pay  no  money  into  the  hands  of 
the  treasurer  of  a  school  district  in  excess  of  the  amount 
of  his  bond.  Should  any  such  clerk  or  auditor  violate  this 
provision,  he  and  his  bondsmen  shall  be  liable  for  any  loss 
occasioned  thereby.  But  where  depositories  for  school 
funds  have  been  created  under  the  provisions  of  sections 
76o_{-76oS  inclusive,  all  school  moneys  shall  be  paid  directly 
into  such  depository  or  depositories  by  the  auditor  upon  the 
written  order  of  the  board  of  education  signed  by  the  presi- 
dent or  vice  president  and  countersigned  by  the  clerk.  In 
case  the  school  funds  have  been  deposited  under  the  pro- 
visions of  sections  7604-7608  inclusive,  the  limitation  of 
payment  herein  contained  shall  not  apply.     Before  giving 


Filing  and  ap- 
proval  of 
bond. 


Counting   of 
funds. 


When  treas- 
urer may  re- 
ceive or  pay 
money. 


Maximum 
amount  of 
funds  which 
treasurer  may 
hold. 


56  .  TREASURER    AND   CLERK. 

such  treasurer  a  warrant  or  order  for  school  funds,  the 
auditor  may  require  the  treasurer  to  file  with  him  a  state- 
ment showing  the  amount  of  such  funds  in  his  possession, 
signed  by  the  clerk  of  the  board  of  education,  (R.  S.  Sec. 
4048.)     . 

Annual  settle-  SECTION  4770      Within  the  first  ten  days  of  Septem- 

ur«-*  wfth '^^^^  ber,  each  year,  the  treasurer  shall  settle  with  the  county 
county  auditor,  auditor  for  the  preceding  school  year,  and  for  that  purpose 
he  shall  make  a  certified  statement  showing  the  amount  of 
money  received,  from  whom,  and  on  what  account,  the  a- 
mount  paid  out,  and  for  what  purpose.  He  shall  produce 
vouchers  for  all  payments  made.  If  the  auditor,  on  exami- 
nation, finds  the  statement  and  vouchers  to  be  correct,  he 
shall  give  the  treasurer  a  certificate  of  the  fact,  which  shall 
prima  facie  be  a  discharge  of  the  treasurer  for  the  money 
paid.  When  the  treasurer's  term  begins  on  the  first  day 
of  September,  the  annual  settlement  shall  be  made  by  the 
outgoing  treasurer.     (R.  S.  Sec.  4044.) 

If  it  is  evident  to  the  county  auditor  that  the  school  moneys  have  been 
illegally  paid  out,  as  they  would  if  paid  to  any  member  of  a  board  of 
education  on  any  contract  with  such  board,  or  as  an  employee  thereof,  it  is 
his  duty  to  refuse  the  treasurer  credit  for  the  same.  If  moneys  have  been 
paid  from  the  wrong  fund,  as  from  the  school  fund,  when  the  law  says  it 
must  be  township  fund,  the  auditor  must  not  allow  credit  to  such  orders.  He 
should  insist  on  their  correction  by  the  board,  or  correct  them  himself  by 
proper  debit  and  credit.  No  voucher  should  be  received  by  the  auditor  which 
he  has  reason  to  believe  a  court  of  law  would  reject.  No  paper  is  a  voucher 
for  the  payment  of  money  to  A,  which  has  not  A's  receipt  on  it,  or  accom- 
panying it.  An  order  properly  made  out,  but  merely  marked  "paid"  by  the 
treasurer,   is   not   a    receipt. 

Compensation  SECTION    477 1.     For    making    such     settlement,    the 

setd^ent*       treasurer  shall  be  entitled  to  receive  the  sum  of  one  dollar, 

and  also  five  cents  per  mile  for  traveling  to  and  from  the 

county  seat,  to  be  paid  from  the  county  treasury,  on  the 

order  of  the  county  auditor.     (R.  S.  Sec.  4044.) 

Penalty  for  SECTION  4772.     If  the  treasurer  of  any  school  district 

sett?ement.™^  *^  willfully  or  negligently  fails  to  make  such  annual  settle- 
ment within  the  time  so  prescribed,  he  shall  forfeit  and 
pay  fifty  dollars,  to  be  recovered  in  a  civil  action  in  the 
name  of  the  state,  which  amount,  when  collected,  shall  be 
paid  into  the  county  treasury  and  applied  to  the  use  of  the 
common  schools  in  his  district.  In  case  of  such  failure,  the 
county  auditor  shall  proceed  forthwith  to  recover  the  for- 
feiture by  suit  against  the  treasurer  before  a  justice  of  the 
peace  of  the  county.     (R.  S.  Sec.  4045.) 

Section  4773.  At  the  expiration  of  his  term  of  ser- 
deiiter  funds  vice,  cach  treasurer  shall  deliver  to  his  successor  in  office, 
to  successor.  ^|j  j^qqI^j^  papers,  money,  and  other  property  in  his  hands 
belonging  to  the  district,  and  take  duplicate  receipts  of  his 
successor  therefor.  One  of  these  he  shall  deposit  with  the 
clerk  of  the  board  of  education  within  three  days  there- 
after.    (R.  S.  Sec.  4049.) 

Penalty  for  failure  or  refusal  to  pay  over  public  money;  see  Section 
13674. 

Section  4774.  Before  entering  upon  the  duties  of  his 
office,  the  clerk  of  each  board  of  education  shall  execute  a 


Bond  of  clerk. 


TREASURER    AND    CLERK. 


57 


bon^  in  an  amount  and  with  surety  to  be  approved  by  the 
board,  payable  to  the  state,  conditioned  for  the  faithful 
performance  of  all  the  official  duties  required  of  him. 
Such  bond  must  be  deposited  with  the  president  of  the 
board,  and  a  copy  thereof,  certified  by  him,  shall  be  filed 
with  the  county  auditor.     (R.  S.  Sec.  4050.) 

•Township    clerk    is    authorized    to    administer    oaths    connected    with    school 
affairs;    see  Sec.  3303. 

Board  can  not  authorize  clerk  to  become  custodian  of  tuition  funds. 
74  O.  S.,  80. 

Duties  and  powers  of  clerk,  170  D.  N.  P.,  108;  29  O.  C.  C,  32  (N.  S. 
120). 

Section  4775.  The  clerk  of  each  board  of  education 
shall  prepare  the  annual  report  of  the  receipts  and  expendi- 
tures of  school  money  and  the  statistical  statement  in  refer- 
ence to  the  schools,  required  by  law  to  be  made  by  the 
board,  and  transmit  it  to  the  county  auditor  on  or  before 
the  first  day  of  September.  But  in  each  school  district 
having  a  superintendent  of  schools,  such  report,  except  the 
receipts  and  expenditures  of  money,  shall  be  made  by  the 
superintendent.     (R.  S.  Sec.  4052.) 

Penalty  for  not  making  report;     see   Sec.  7790. 

The  board  of  education  should  see  that  the  reports  required  by  this 
section    are   filed    before   allowing  compensation   to    the   clerk    for    his    services. 

Section  4776.  Except  city  districts,  the  board  of 
education  of  each  district  shall  require  the  clerk  of  the 
board  annually,  ten  days  prior  to  the  election,  to  prepare 
and  post  at  the  place  or  places  of  holding  such  elections, 
or  publish  in  some  newspaper  of  general  circulation  in  the 
district,  an  itemized  statement  of  all  money  received  and 
disbursed  by  the  treasurer  of  the  board,  within  the  school 
year  next  preceding.      (R.   S.   Sec.  4053.) 

Section  4777.  At  the  expiration  of  his  term  of  office, 
each,  clerk  shall  deliver  to  his  successor  all  books  and  papers 
in  his  hands  relating  to  the  affairs  of  his  district,  including 
certificates,  and  copies  thereof,  and  reports  of  school  statis- 
tics, filed  by  teachers.     (R.  S.  Sec.  4054.) 

Section  4778.  The  auditor  of  each  county  shall  fur- 
nish to  the  clerk  and  treasurer  of  each  school  district  in  his 
county  a  suitable  blank  book,  made  according  to  the  form 
prescribed  by  the  bureau  of  inspection  and  supervision  of 
public  offices,  in  which  each  must  keep  an  account  of  the 
school  funds  of  his  district.     (R.  S.  Sec  4055.) 

Section  4779.  The  clerk's  account  shall  show  the  a- 
mounts  certified  by  the  county  auditor  to  be  due  the  district, 
all  sums  paid  to  the  treasurer  from  other  sources  on  his 
order,  and  all  orders  drawn  by  him  on  the  treasurer,  upon- 
what  funds  and  for  what  purposes  drawn.  (R.  S.  Sec. 
4055.) 

Section  4780.  The  treasurer's  accounts  shall  show 
the  amounts  received  from  the  county  treasurer,  all  sums 
received  from  other  sources  on  the  order  of  the  clerk,  the 
amounts  paid  out,  and  from  what  funds  and  for  what  pur- 
poses paid.  A  separate  account  of  each  fund  must  be  kept, 
and  each  account  balanced  at  the  close  of  the  school  year, 


Annual   statis- 
tical report   of 
board  of  edu- 
cation. 


Publication 
of    statement 
of    receipts 
and    expendi- 
tures by 
clerk. 


Clerk    to    de- 
liver goods,  etc. 
to    successor. 


How  treasurer 
and  clerk  to 
keep   accounts. 


Clerk's   ac- 
count. 


Treasurer's 
account. 


58 


TREASURER    AND   CLERK. 


Embezzlement 
by    municipal 
and  school 
officers. 


Cotapensation 
of  treasurer 
and   clerk. 


JWhen    treas- 
urer of  school 
moneys  may 
be    dispensed 
with. 


When    clerk 
shall    perform 
the   duties  of 
treasurer. 


Provisions 
when    deposi- 
tory ceases  to 
act. 


and  the  balance  in  the  treasurer's  hands  belonging  to  each 
fund  shown.     (R.   S.  Sec.  4055.) 

Section  12878.  Whoever,  being  a  member  of  the  council  of 
a  municipal  corporation,  or  an  officer,  agent,  clerk  or  servant  of 
such  corporation,  or  board  or  department  thereof,  or  an  officer, 
clerk  or  servant  of  a  board  of  education,  knowingly  diverts,  ap- 
propriates or  applies  funds,  or  a  part  of  a  fund  raised  by  taxa- 
tion or  otherwise,  to  any  use  or  purnose  other  than  that  for  which 
it  was  raised  or  appropriated,  or  knowingly  diverts,  appropriates 
or  applies  money  borrowed,  or  a  bond  of  the  corporation  or  part 
of  the  proceeds  of  such  bond,  to  any  use  or  purpose  other  than 
that  for  which  such  loan  was  made,  or  bond  issued,  shall  be  im- 
prisoned in  the  penitentiary  not  less  than  one  year  nor  more  than 
*wenty-one  years  and  fined  in  double  the  amount  of  money  or 
other  property  embezzled.     (R.   S.   Sec.  6846.) 

Section  4781.  The  board  of  education  of  each  school 
district  shall  fix  the  compensation  of  its  clerk  and  treasurer, 
which  shall  be  paid  from  the  contingent  fund  of  the  dis- 
trict. If  they  are  paid  annually,  the  order  for  the  payment 
of  their  salaries  shall  not  be  drawn  until  they  present  to  the 
board  of  education  a  certificate  from  the  county  auditor 
stating  that  all  reports  required  by  law  have  been  filed  in 
his  office.  If  the  clerk  and  treasurer  are  paid  semi-annual- 
ly, quarterly,  or  monthly,  the  last  payment  on  their  salaries 
previous  to  August  thirty-first,  must  not  be  made  until  all 
reports  required  by  law  have  been  filed  with  the  county 
auditor  and  his  certificate  presented  to  the  board  of  educa- 
tion as  required  herein.     (R.  S.  Sec.  4056.) 

Section  4782.  When  a  depository  has  been  provided 
for  the  school  moneys  of  a  district,  as  authorized  by  law, 
the  board  of  education  of  the  district,  by  resolution  adopted 
by  a  vote  of  a  majority  of  its  members,  may  dispense  with 
1  treasurer  of  the  school  moneys,  belonging  to  such  school 
^Hstrict.  In  such  case,  the  clerk  of  the  board  of  educa- 
tion of  a  district  shall  perform  all  the  services,  discharge 
all  the  duties  and  be  subject  to  all  the  obligations  required 
by  law  of  the  treasurer  of  such  school  districts.  (R.  S. 
Sec.  4042a.) 

Section  4783.  When  the  treasurer  is  so  dispensed 
with,  all  the  duties  and  obligations  required  by  law  of  the 
coimty  auditor,  county  treasurer  or  other  officer  or  person 
relating  to  the  school  moneys  of  the  district  shall  be  com- 
nlied  with  by  dealing  with  the  clerk  of  the  board  of  educa- 
tion thereof.  Before  entering  upon  such^  duties,  the  clerk 
shall  give  an  additional  bond  equal  in  amount  and  in  the 
same  manner  prescribed  by  law  for  the  treasurer  of  the 
school  district.     (R.  S.  Sec.  4042a.) 

Section  4784.  If  for  any  reason,  a  depository  in  such 
district  ceases  to  act  as  custodian  of  the  school  moneys,  they 
shall  be  placed  in  the  custody  of  the  treasurer  of  the  city, 
village  or  township  in  which  the  school  district  is  located 
or  of  the  special  school  district  upon  such  treasurer  giving 
bond  as  required  by  law,  to  the  approval  of  the  board  of 


TREASURER    AND   CLERK.  59 

education.  Such  moneys  shall  be  held  and  disbursed  by 
the  treasurer  in  all  respects  as  required  by  law  until  anoth- 
er depository  is  provided  for  such  moneys.  Thereupon  he 
shall  place  such  money  in  the  depository  and  his  duties  and 
obligations  relating  thereto  shall  then  cease.  (R.  S.  Sec. 
4042a.) 


TITLE  XIV.     PUBLIC  ELECTIONS, 


Election    of 
members    of 
the  board   of 
education. 


Notice     of 

school 

elections. 


Qualifications 
of  elector. 


When  women 
mav  vote. 


Section  4838.  All  elections  for  members  of  boards  of 
education  shall  be  held  on  the  first  Tuesday  after  the  first 
Monday  in  November  in  the  odd  numbered  years. '  (97  v. 
40  §  2.) 

Section  4839.  The  clerk  of  each  board  of  education 
shall  publish  a  notice  of  all  school  elections  in  a  newspaper 
of  general  circulation  in  the  district  or  post  written  or 
printed  notices  thereof  in  five  public  places  in  the  district 
at  least  ten  days  before  the  holding  of  such  election.  Such 
notices  shall  specify  the  time  and  place  of  the  election,  the 
number  of  members  of  the  board  of  education  to  be  elected, 
and  the  term  for  which  they  are  to  be  elected,  or  the  nature 
of  the  question  to  be  voted  upon.     (97  v.  354  §  2.) 

Section  4861.  Every  male  citizen  of  the  United 
States,  who  is  of  the  age  of  twenty-one  years  or  over,  and 
possesses  the  qualifications  in  regard  to  residence  herein- 
after provided,  shall  be  entitled  to  vote  at  all  elections. 
(Cons.  Art.  V.  §  i.) 

Section  4862.  Every  woman,  born  in  the  United 
States  or  who  is  the  wife  or  daughter  of  a  citizen  of  the 
United  States,  who  is  over  twenty-one  years  of  age  and 
possesses  the  necessary  qualifications  in  regard  to  residence 
hereinafter  provided  for  men  shall  be  entitled  to  vote  and 
to  be  voted  for  for  member  of  the  board  of  education  and 
upon  no  other  question.     (97  v.  354  §  3.) 

The  constitutional  power  of  the  legislature  to  provide  for  common 
schools  is  not  limited  by  the  definition  of  elector  in  Conts.,  V,  Sec.  1,  and 
the  right  to    v^ote  for  school  officers  miv  be  conferred  on  women.     9  C.   C,  134. 

This  section  limits  the  voting  privileges  of  women.  It  does  not  entitle 
them  to  vote  en  such  questions  as  special  tax  levy,  bond  issue,  erection  of 
public   buildings,    etc.,    although    the    same   be   for   school    purposes. 


Registration 
of  women. 


Nominations 
of   candidates 
for   board   of 
education. 


Section  4940.  The  provisions  of  this  chapter  relat- 
ing to  registration  shall  apply  to  women  upon  whom  the 
right  to  vote  for  member  of  the  board  of  education  is  con- 
ferred by  law,  but  the  names  of  such  women  may  be 
placed  on  a  separate  list.      (97  v.  254  §  3.) 

Section  4997.  Nominations  of  candidates  for  the 
office  of  member  of  the  board  of  education  may  be  made 
by  nomination  papers,  signed  in  the  aggregate  for  each 
candidate  by  not  less  than  twenty-five  qualified  electors  of 
either  sex  of  the  school  district,  except  in  city  school  dis- 
tricts, such  nomination  papers  shall  be  signed  by  peti- 
tioners not  less  in  number  than  one  for  every  one  hundred 
persons  wHo  voted  at  the  next  preceding  general  election 
in  such  city.     (R.  S.  Sec.  3897a.) 

GO 


PUBLIC   ELECTIONS. 


6l 


Section  4998.  When  nominations  of  candidates  for 
member  of  the  board  of  education  have  been  made  by  nom- 
ination papers  filed  with  the  board  of  deputy  state  super- 
visors, as  herein .  provided,  such  board  of  deputy  state 
supervisors  shall  publish  on  two  different  days  prior  to  the 
election  a  list  of  the  names  of  such  candidates  in  two  news- 
papers of  opposite  politics  in  the  school  district,  if  there  is 
such  printed  and  published  therein.  If  no  newspaper  is 
printed  in  suc-h  school  district,  the  board  shall  post  such 
list  in  at  least  five  public  places  therein.     (R.  S.  Sec.  3897a.) 


Names  of 
nominees  for 
board  pub- 
lished. 


Section  5032.  The  names  of  candidates  for  members 
of  the  board  of  education  of  a  school  district,  however  nom- 
inated, shall  be  placed  on  one  independent  and  separate 
ballot  without  any  designation  whatever,  except  for  member 
of  board  of  education  and  the  number  of  members  to  be 
elected.     (98  v.  116  §  i.) 


Ballots    for 
school  board. 


Section  5033.  The  ballots  for  members  of  the  board 
of  education  shall  be  prepared  and  printed  as  follows :  The 
whole  number  of  ballots  to  be  printed  for  the  school  dis- 
trict shall  be  divided  by  the  number  of  candidates  for  mem- 
ber of  board  of  education  of  the  district,  and  the  quotient 
so  obtained  shall  be  the  number  of  ballots  in  each  series 
of  ballots  to  be  printed.  The  names  of  candidates  shall  be 
arranged  in  alphabetical  order  and  the  first  series  of  ballots 
printed.  Then  the  first  name  shall  be  placed  last  and  the 
next  series  printed,  and  so  shall  the  process  be  repeated 
until  each  name  shall  have  been  first.  These  ballots  shall 
then  be  combined  in  tablets  with  no  two  of  the  same  order 
of  names  together,  except  when  there  is  but  one  candi- 
date.    (98  V.  116  §  2.) 


How  ballot  for 
school  board 
printed. 


Section  5034.  In  city  school  districts,  the  ballots  for 
each  subdistrict  shall  contain  the  names  of  the  candidates 
for  member  of  the  board  of  education  from  such  subdis- 
trict and  also  the  names  of  the  candidates  to  be  elected  at 
large.     (97  v.  354  §1.) 

Section  5049.  There  shall  be  separate  poll  books  and 
tally  sheets  for  all  elections  for  school  purposes  and  the 
ballots  of  the  electors  at  such  elections  shall  be  depositel 
in  a  separate  ballot  box.     (97  v.  354  §  i.) 

Section  5120.  In  school  elections,  the  returns  shall 
be  made  by  the  judges  and  clerks  of  each  precinct  to  the 
clerk  of  the  board  of  education  of  the  district,  not  less 
than  five  days  after  the  election.  Such  board  shall  can- 
vass such  returns  at  a  meeting  to  be  held  on  the  secon  1 
Monday  after  the  election,  and  the  result  thereof  shall  be 
entered  upon  the  records  of  the  board.     (97  v.  354  §1.) 

Section  5 121.  .  In  the  canvass  of  the  vote  for  mem- 
bers of  the  board  of  education,  or  assessors  of  real  prop- 
erty, the  person  having  the  highest  number  of  votes  shall 


School   dis- 
tricts in  cities. 


Poll    books 
and  tally 
sheets   for 
school    elec- 
tions. 


Canvass  of 
vote  in  school 
elections. 


How  result 
determined  in 
certain  cases. 


62  '  PUBLIC    ELECTIONS. 

be  declared  elected,  and  the  next  highest,  and  so  on,  until 
the  number  required  to  be  elected  shall  have  been  selecte  1 
from  the  number  having  the  highest  number  of  votes.  If 
any  number  of  persons  greater  than  the  number  to  be 
elected  at  such  election  have  the  highest  and  an  equal 
number  of  votes,  the  board  making  the  canvass  shall  de- 
termine by  lot  which  of  the  persons  shall  be  duly  elected. 
(97  V.  354  §  I ;  98  V.  1 16  §  I ;  100  v.  81  §  i.) 


PART  SECOND 


CIVIL 

()3 


TITLE  V.     PUBLIC  SCHOOLS 


CHAPTER 
CHAPTER 
CHAPTER 
CHAPTER 
CHAPTER 
CHAPTER 
CHAPTER 
CHAPTER 
CHAPTER 
CHAPTER 
CHAPTER 
CHAPTER 


School  Funds. 

School  Houses  and  Libraries. 

Schools  and  Attendance. 

Compulsory  Education. 

Reports. 

Enumeration. 

Examiners. 

Teachers'  Institutes. 

Teachers'  Pensions. 

Normal  Schools. 

Colleges  and  Universities. 

Schools   Specially  Endowed, 


CHAPTER  1. 

SCHOOL  FUNDS. 


Section 

7575.  "The    state    common    school    fund;"    tax 

levy   for. 

7576.  Rate    designated   by    general    assembly. 

7577.  Interest     upon     proceeds     of     salt     arid 

swamp    lands. 

7578.  Proceeds  of  sale  of  swamp  lands. 
75^9.    The  "common  school  fund." 

75S0.     Accounts   of   common   school   fund. 
7581.     Bequests,     etc.,     in     trust     for     common 
school   fund. 

7552.  Apportionment    of    school    funds    by    au- 

ditor of  state, 

7553.  Apportionment   to   be   made   in    February 

settlement. 

7584.  Funds    to    be    retained    by    county   treas- 

urer. 

7585.  When   county  line    divides  township. 

7586.  Board   of   education   to   fix  rate   of  taxa- 

tion. 

7587.  Levy  to  be  divided  into  four  funds. 

7588.  Levy  of  taxes  for  special  school  districts." 
7589.-   How    funds   divided. 

7590.  Appeal  to  county  commissioners. 

7591.  Maximum   levy. 

7592.  Greater  tax  may  be  levied. 

7593.  Notice   of   election. 

7594.  Amount  of  levy  to  be  certified  to  county 

auditor. 

7595.  Salary  of  teachers. 

7596.  State  aid. 

7597.  Certain    districts    not     entitled    to    state 

aid. 


Section 

7598.  When    district    situated    in    two    or    more 

counties. 

7599.  To    whom    funds    paid. 

7600.  Apportionment    of    school    fund. 

7601.  Distribution    of    money    after    apportion 

ment. 

7602.  When    county    line    divides    original    sur 

veyed  township. 

7603.  Certificate  of  apportionment. 

7604.  Depositing    of    school    lands    upon    com- 

petitive bidding. 

7605.  When     district     contains     two     or    mc 

banks. 

7606.  Bids. 

7G07.    JDistricts  containing  less  than  two  banks 
7€03.     What    resolution   to    contain. 

7609.  Liability   of   treasurer   relieved. 

7610.  Neglect  of  certain  duties  by  board. 

7611.  Personal   liability   of  board   members. 

7612.  Duty  of  county  auditor. 

SINKING  FUND. 

7613.  Board    of   commissioners    of    the    sinking 

fund. 

7614.  Who    to    provide    funds. 

7615.  Investment   of   sinking   fund. 

7616.  Sinking    fund    commissioners    may    issue 

re.funding  bonds. 

7617.  Report  of  sinking  fund  commissioners. 

7618.  Payment  of  bonds  and  interest. 

7619.  Bonds   issued   by  board   of   education. 


Section  7575.     For  the  purpose  of  affording  the  ad-    «The  state 
vantages  of  a  free  education  to  all  the  youth  of  the  state,   ^°^J^?,"  11^"^°^ 
there  shall  be  levied  annually  a  tax  of  one  mill  on  the    levy  for. 
grand  list  of  the  taxable  property  of  the  state,  to  be  col- 
lected as  are  other  state  taxes  and  the  proceeds  of  which 
shall  constitute  "the  state  common  school  fund,"  and  for 
the  payment  of  interest  on  the  irreducible  or  trust  fund 
debt  for  school  purposes,  ten  one-hundredths  of  one  mill, 
such  fund  to  be  styled  "the  sinking  fund."     (R.  S.  Sec. 
395I-)  ^ 

5     s.  L.  65 


66 


SCHOOL   FUNDS. 


Proceeds  of 
sale  of  swamp 
lands. 


Rate  desig-  SECTION  7576.     The  rate  for  such  levy  shall  be  des- 

"rT^s^e  w"  ignated  by  the  general  assembly  at  least  once  in  two  years. 
If  the  general  assembly  fail  to  designate  the  rate  for  any 
year,  it  shall  be  one  mill  for  the  state  common  school  fund, 
and  ten  one-hundredths  of  one  mill  for  the  sinking  fund. 
(R.  S.  Sec.  3951.) 

Interest  upon  Section  7577-     The  statc  shall  pay  interest  annually, 

sIiTlnlfswlm   '^^  ^^^^   ^^^^  °^  ^^-^  P^^  ^^^^  P^^  annum,  upon  all   money 
lands.  which  has  been  paid  into  the  state  treasury  on  account  of 

sales  of  lands  commonly  called  "salt  lands,"  and  upon  all 
money  paid  or  which  may  be  paid  into  the  state  treasury  on 
account  of  sales  of  swamp  lands  granted  to  the  state  by 
act  of  congress.  The  money  received  from  such  sales  shall 
constitute  an  irreducible  debt  of  the  .state ;  and  the  interest 
shall  be  apportioned  annually  on  the  same  basis  as  the  state 
common  school  fund  is  apportioned,  and  distributed  to  the 
several  counties  as  hereinafter  provided.    (R.  S.  Sec.  3952.) 

Section  7578.  The  net  proceeds  hereafter  paid  into 
the  state,  treasury,  from  the  sales  of  swamp  lands  granted 
to  the  state  by  act  of  congress  passed  September  28,  1850, 
is  hereby  appropriated  to  the  general  fund  for  the  support 
of  common  scliools;  and  the  state  is  pledged  to  pay  the 
interest  annually,  on  all  sums  of  money  paid  into  the  state 
treasury,  from  the  sales  of  such  lands,  from  the  receipt  of 
such  money  into  the  treasury.  The  interest  so  arising  shall 
be  distributed,  annually,  to  the  several  counties  of  the 
state,  in  proportion  to  the  number  of  male  inhabitants  above 
the  age  of  twenty-one  as  the  law  provides  for  ascertaining 
the  apportionment  of  representatives.  The  proportion  of 
interest  due  to  each  county  shall  be  distributed  for  the  sup- 
port of  common  schools,  in  the  respective  counties,  in  the 
manner  prescribed  for  the  distribution  of  the  common 
school  fund.     (80  v.  39  §  i.) 

Section  7579.  The  money  which  has  been  and  may 
be  paid  into  the  state  treasury  on  account  of  sales  of  lands 
granted  by  congress  for  the  support  of  public  schools  in  any 
original  surveyed  township,  or  other  district  of  country, 
shall  constitute  the  ''common  school  fund,"  of  which  the 
auditor  of  state  shall  be  superintendent,  and  the  income 
of  which  must  be  applied  exclusively  to  the  support  of 
common  schools,  in  the  manner  designated  in  this  chapter. 
(R.  S.  Sec.  3953.) 

Section  7580.  The  common  school  fund  shall  con- 
stitute an  irreducible  debt  of  the  state,  on  which  it  shall 
pay  interest  annually,  at  the  rate  of  six  per  cent  per  annum, 
to  be  computed  for  the  calendar  year,  the  first  computation 
on  any  payment  of  principal  hereafter  made  to  be  from 
the  time  of  payment  to  and  including  the  thirty-first  day 
of  December  next  succeeding.  The  auditor  of  state  shall 
keep  an  account  of  the  fund,  and  of  the  interest  which  ac- 
crues thereon,  in  a  book  or  books  to  be  provided  for  the 
purpose,   with  each  original   surveyed  township  and  other 


The   "common 
school  fund." 


Accounts   of 
common 
school   fund. 


SCHOOL  FUNDS. 


67 


district  of  country  to  which  any  part  of  the  fund  belongs, 
crediting  each  with  its  share  of  the  fund,  and  showing  the 
amount  of  interest  thereon  which  accrues  and  the  amount 
which  is  disbursed  annually  to  each.     (R.  S.  Sec.  3954.) 

Section  7581.  When  any  grant  or  devise  of  land, 
or  donation  or  bequest  of  money  or  other  personal  prop- 
erty, is  made  to  the  state,  or  to  any  person,  or  otherwise, 
in  trust  for  the  common  school  fund,  it  shall  become  vested 
in  such  fund.  '  When  the  money  arising  therefrom  is  paid 
into  the  state  treasury,  proper  accounts  thereof  must  be 
kept  by  the  auditor  of  state,  and  the  interest  accruing  there- 
from shall  be  applied  according  to  the  intent  of  the  grantor, 
donor,  or  devisor.     (R.  S.  Sec.  3955.) 

Section  7582.  The  auditor  of  state  shall  apportion 
the  state  common  school  fund  to  the  several  counties  of  the 
state  semi-annually,  upon  the  basis  of  the  enumeration  of 
youth  therein,  as  shown  by  the  latest  abstract  of  enumera- 
tion transmitted  to  him  by  the  state  commissioner  of  com- 
mon schools.  Before  making  his  February  settlement  with 
county  treasurers,  he  shall  apportion  such  amount  thereof 
as  he  estimates  to  have  been  collected  up  to  that  time,  and, 
in  the  settlement  sheet  which  he  transmits  to  the  auditor 
of  each  county,  shall  certify  the  amount  payable  to  the 
treasurer  of  his  county.  Before  making  his  final  settle- 
ment with  county  treasurers  each  year  he  shall  apportion 
the  remainder  of  the  whole  fund  collected,  as  nearly  as  it 
can  be  ascertained,  and  in  the  August  settlement  sheet 
which  he  transmits  to  the  auditor  of  each  county  shall  cer- 
tify the  amount  payable  to  the  treasurer  of  his  county.  (R. 
S.  Sec.  3956.) 

Section  7583.  In  each  February  settlement  sheet 
the  state  auditor  shall  enter  the  amount  of  money  payable 
to  the'  county  treasurer  on  the  apportionment  of  interest 
specified  in  section  seventy-five  hundred  and  seventy- 
seven,  and  also  enter  in  each  February  settlement  sheet 
the  amount  of  money  payable  to  the  county  treasurer  on 
account  of  interest  for  the  preceding  year  on  the  common 
school  fund,  and  designate  the  source  or  sources  from 
which  the  interest  accrued.  With  each  February  settlement 
sheet  he  shall  transmit  a  certified  statement,  showing  the 
amount  of  interest  derived  from  the  common  school  fund 
payable  to  each  original  surveyed  township  or  other  dis- 
trict of  country  within  the  county.     (R.  S.  Sec.  3956.) 

Section  7584.  The  treasurer  of  each  county,  at  each 
semi-annual  settlement  with  the  auditor  of  state,  shall  re- 
tain in  the  county  treasury,  from  the  state  taxes  collected 
by  him,  the  amount  of  the  funds  -herein  mentioned  shown 
by  the  settlement  sheet  of  the  auditor  of  state  to  be  payable 
to  him  at  that  time.  If  such  amount  for  any  county  ex- 
ceeds the  amount  of  state  taxes  collected  therein,  the  auditor 
of  state  shall  draw  an  order  on  the  treasurer  of  state,  in- 


Bequests,   etc., 
in   trust   for 
common  school 
fund. 


Apportionment 
of  school 
funds  by- 
auditor  of 
state. 


Apportionment 
to  be  made  in 
February 
settlement. 


Funds   to   be 
retained    by 
county 
treasurer. 


^8 


SCHOOL   FUNDS. 


When  county 
line   divides 
township. 


'Board  of  edu- 
cation to  fix 
rate   of 
taxation. 


'  Levy  to  be 
divided  into 
four  funds. 


Levy  of   taxes 
-for   special 
school    dis- 
tricts 


favor  of  the  treasurer  of  such  county,  for  the  balance  of 
school  funds  due  his  county,  and  transmit  it  to  such  county 
treasurer,  and  the  treasurer  of  the  state  shall  pay  such 
order  upon  its  presentation  to  him.     (R.  S.  Sec.  3956.) 

Section  7585.  If  parts  of  an  original  surveyed  town- 
ship or  fractional  twonship  are  situated  in  two  or  more 
counties,  Ihe  amount  of  interest  on  common  school  fund 
due  to  such  township  shall  be  paid  in  the  manner  provided 
in  the  next  two  preceding  sections  to  the  treasurer  of  the 
county  wherein  the  greatest  relative  portion  of  such  town- 
ship is  situated.  But  if  it  be  uncertain  in  which  county 
sr.ch  portion  is  situated,  the  amount  of  interest  due  to  such 
township  shall  be  paid  to  the  treasurer  of  the  oldest  county 
in  which  any  part  of  the  township  is  situated.  (R.  S.  Sec. 
3957-) 

Section  7686.  Each  board  of  education,  annually,  at 
a  regular  or  special  meeting  held  between  the  third  Monday 
in  April  and  the  first  Monday  in  June,  shall  fix  the  rate  of 
taxation  necessary  to  be  levied  for  all  school  purposes,  after 
the  state  funds  are  exhausted.     (R.  S.  Sec.  3958.) 

Section  7587.  Such  levy  shall  be  divided  by  the 
board  of  education  into  .  four  funds :  First,  tuition  fund ; 
second,  building  fund ;  third,  contingent  fund ;  fourth, 
bonds,  interest  and  sinking  fund.  A  separate  levy  must 
be  made  for  each  fund.     (R.  S.  Sec.  3958.) 

"A  notice,  by  a  clerk  of  a  board  of  education,  of  a  tax  voted  by  the 
board,  to  build  a  school  house,  delivered  to  the  auditor  on  the  11th  day  of 
Tune,  is  sufficient  authority  to  the  auditor  for  carrying  the  tax  into  his  dupli- 
cate."     n   Western    Law   Monthly,    589. 

It  is  a  general  rule  that  statutes,  so  far  as  thev  limit  a  time  for  the 
performance  of  an  act  by  a  public  officer,  for  the  public  benefit,  are  merely 
directory,  when  time  is  not  the  essence  of  the  thing  to  be  done,  unless  there 
are  negative   words,  and  the  act   is  valid  if  done   afterwards. 

Tuition  from  non-resident  pupils  is  to  be  paid  to  the  board  of  educa- 
tion, and  placed  in  the  contingent  fund.  A  teacher  his  absolutely  no  authority 
to   retain    money  received   for  tuition   of   non-resident   pupils. 

Prior  to  the  passage  of  the  present  school  code  (97  O.  L.  334),  a  valid 
assessment  for  street  improvements  could  not  be  levied  against  school  prop- 
erty. Whether  the  division  of  the  contingent  school  fund  into  separate 
funds  by  the  present  school  code  will  render  valid  such  assessments  levied 
since  the  enactment  of  the  school  code,  quaere.  15  O.  D.  N.  P.,  834;  4S 
O.    S.,   83. 

The  Attorney  General  inclines  to  the  opinion  that  such  special  assess- 
ments against  .<;chool  property  are  not  collectible  under  the  present  school 
code,  and  a  test  case  involving  this  question  is  now  pending  in  the  Com- 
mon  Pleas    Court,   brought   at  his   suggestion. 

Section  7588.  In  all  cases  of  special  school  districts 
lying  wholly  within  one  civil  tow^nship,  or  if  the  special 
district  lies  in  and  is  part  of  two  or  more  civil  townships 
of  the  same  or  different  counties,  or  two  or  more  special 
districts  lie  wholly  or  partly  within  one  civil  township,  a 
tax  for  school  purposes  may  be  levied,  not  exceeding  six 
mills,  on  the  duplicate  of  all  the  taxable  property  in  such 
township  lying  outside  of  all  city  and  village  school  districts 
therein.  Such  levy  shall  be  made  when  a  petition  in  writ- 
ing signed  by  two-thirds  of  the  electors  of  such  civil  town- 
ship is  filed  with  the  clerk  of  the  board  of  education  of  the 
township,  by  a  joint  board  consisting  of  the  board  of  educa- 
tion of  that  township  and  the  board  of  education  of  the 


SCHOOL  FUNDS.  6gj 

special  school  district,  or  of  the  board  of  education  of  that 
township  and  the  boards  of  education  of  the  special  school 
districts  as  the  case  may  be,  acting  in  joint  session,  at  a 
meeting  or  meetings  to  be  called  for  that  purpose,  by  the 
president  of  the  township  heard  cf  education  between  the 
third  Monday  in  April  and  the  first  Monday  in  June  of 
each  year.  If  such  boards  fail  so  to  meet,  or  fail  to  agree 
and  make  such  levy  then  it  shall  be  mac^e  by  the  county 
commissioners' on  the  appHcation  of  either  board.  (R.  S. 
Sec.  3958a.) 

Section  7589.  The  funds  raised  from  such  levy  shall  How  funds: 
be  divided  between  the  board  of  education  of  the  township  ^^^^ided. 
and  of  the  special  school  district,  or  between  the  board  of 
education  of  the  township  and  the  boards  of  education  of 
the  special  school  districts,  as  the  case  may  be,  in  propor- 
tion to  the  number  of  children  of  that  township  of  school 
age  living  in  the  township  outside  of  the  special  school  dis- 
trict and  living  in  the  township  within  the  special  school 
district  or  districts.  In  additon  to  the  general  levy  by  the 
joint  boards,  either  board  may  levy  an  additional  tax,  not 
to  exceed  six  mills,  on  the  duplicate  of  all  the  taxable 
property  within  its  own  territory.  The  funds  arising  from 
such  levy  shall  be  used  only  for  schools  within  the  terri- 
tory where  the  additional  levy  is  made.     (R.  S.  Sec.  3958a.) 

Section  7590.  If  the  levy  so  made  by  such  boards  Appeal  to 
is  inequitable  to  either,  or  insufficient  to  provide  for  and  misSe'^s"^^ 
maintain  the  schools  in  either  the  township  or  special  school 
'districts,  either  board  may  appeal  to  the  county  com- 
missioners of  the  county  in  which  the  township  is  situated 
to  adjust  and  make  the  levy.  The  comm'issioners  then  may 
make  such  levy,  not  exceeding  six  mills,  for  the  purposes 
named  in  the  next  two  preceding  sections,  as  they  may  deem 
just  and  equitable  and  sufficient  to  provide  for  and  maintain 
the  schools  in  such  township  and  school  district.  If  either 
of  such  boards  of  education  meet  to  fix  a  levy  for  school 
purposes,  as  provided  in  section  seventy-five  hundred  and 
eighty-six,  before  the  levy  is  fixed  by  the  joint  board  as 
above  provided,  and  the  levy  so  made  by  such  board  of 
education,  acting  independently,  is  more  than  six  mills  on 
the  dollar  of  valuation  of  taxable  property  in  its  school 
district,  then  the  excess  of  the  levy  above  the  six  mills  shall 
be  subject  to  division  in  proportion  and  manner  as  provided 
in  the  next  preceding  section  between  the  township  and 
special  districts.     (R.  S.  Sec.  3958a.) 

Section  7591.  Except  as  hereinafter  provided,  the  fevy.'"'"'''' 
local  tax  levy  for  all  school  purposes  shall  not  exceed  twelve 
mills  on  the  dollar  of  valuation  of  taxable  property  in  any 
school  district,  and  in  city  school  districts  shall  not  be  less 
than  six  mills.  Such  levy  shall  not  include  any  special  levy 
for  a  specified  purpose,  provided  for  by  a  vote  of  the  peo- 
ple.    (R.  S.  Sec.  3959.) 


SCHOOL   FUNDS. 


Greater    tax 
may  be 
levied. 


Notice   of 
election. 


Amount  of 
levy  to  be 
certified   to 
county  au- 
ditor. 


Salary  of 
teachers. 


Section  7592.  A  greater  or  less  tax  than  is  autho- 
rized above  may  be  levied  for  any  or  all  school  purposes. 
Any  board  of  education  may  make  an  additional  annual 
levy  of  not  more  than  five  mills  for  any  number  of  consecu- 
tive years  not  exceeding  five,  if  the  proposition  to  make 
such  levy  or  levies  has  been  submitted  by  the  board,  to  a 
vote  of  the  electors  of  the  school  district,  under  a  resolu- 
tion prescribing  the  time,  place  and  nature  of  the  proposi- 
tion to  be  submitted,  and  approved  by  a  majority  of  those 
voting  on  the  proposition.     (R.  S.  Sec.  3959.) 

Section  7593.  Notice  of  such  election  must  be  given 
by  publication  of  the  resolution  for  three  consecutive  weeks 
prior  thereto  in  some  newspaper  published  and  of  general 
circulation  jn  the  district,  or  by  posting  copies  thereof  in 
five  of  the  most  conspiuous  places  in  the  district  for  a 
like  period,  if  no  such  paper  is  published  therein.  (R.  S. 
Sec.  3959.) 

Section  7.594.  The  amount  of  the  levy  fixed  by  the 
boards  of  education  under  the  next  eight  preceding  sections, 
shall  be  certified  to  the  county  auditor,  in  writing,  on  or  be- 
fore the  first  Mnday  in  June  of  each  year  by  the  boards 
cf  education,  and  on  or  before  the  first  Monday  in  August 
of  each  year  by  the  county  commissioners  when  the  levy  i^ 
made  by  them,  who  shall  assess  the  entire  amount  upon  all 
the  taxable  property  of  the  district,  and  enter  it  upon  the 
tax  duplicate  of  the  county.  The  county  treasurer  shall 
collect  it  at  the  time  and  in  the  same  manner  as  state  and 
county  taxes  are  collected,  and  pay  it  to  the  treasurer  of  the 
district  upon  the  warrant  of  the  county  auditor.  He  shall 
receive  one  per  cent  on  all  moneys  so  collected  and  no 
more.     (R.  S.  Sec.  3960.) 

Boards  of  education  required  to  certify  levy  for  building  and  other  pur- 
poses, to  the  county  auditor,  in  addition  to  the  levy  provided  for  in  Sees. 
7591-7595;     see   Sec.  7626. 

Where  a  board  of  education  certifies  an  estimate  of  a  school  tax  to  the 
county  auditor,  who  places  the  same  on  the  tax  lisi  in  a  reduced  form,  a 
citizen  and  taxpayer  of  the  school  district  who,  five  months  thereafter,  seeks 
by  mandamus  on  his  own  relation,  to  compel  the  auditor  to  place  the  original 
estimate  on  the  tax  list,  must  satisfy  the  court  that  the  board  of  education 
did  not   consent  to   the   reduction.     39  O.    S.,   455. 

County  commissioners  to  act  as  board  of  education  in  case  the  latter 
neglects   to   perform   its   duty;     see   Sec.  7610. 

.  Section  7595.  No  person  shall  be  employed  to  teach 
in  any  public  school  in  Ohio  for  less  than  forty  dollars^ 
a  month.  When  a  school  district  has  not  sufficient  money 
to  pay  its  teachers  forty  dollars  per  month  for  eight  months 
of  the  year,  after  the  board  of  education  of  such  district  has 
made  the  maximum  legal  school  levy,  three-fourths  of 
which  shall  be  for  the  tuition  fund,  then  such  school  district 
may  receive  from  the  state  treasurer  sufficient  money  to 
make  up  the  deficiency.     (98  v.  200  §  i.) 

The  78th  General  Assembly  at  its  regular  session,  1910,  appropriated 
$50,000   to   aid  weak   school   districts. 


State   aid. 


Section  7596.  A  board  of  education  having  such  a 
deficit  must  make  affidavits  to  the  county  auditor,  who  sliall 
send  a  certified  statement  of  the  facts  to  the  state  auditor. 


SCHOOL   FUNDS. 


71 


The  state  auditor  shall  issue  a  voucher  on  the  state  treasurer 
in  favor  of  the  treasurer  of  such  school  district  for  the  a- 
mount  of  the  deficit  in  the  tuition  fund.     (98  v.  200  §1.) 

No  district  shall  be  entitled  to  state    Certain  dij 


When    district 
situated   in 
two  or  more 
counties. 


Apportionment 
of    school 
fund. 


Section  7597. 
aid  as  provided  in  the  next  two  preceding  sections,  unless   ;[tTed  "o' 
the  number  of  persons  of  school  age  in  such  district  Is  at    ^tate  aid. 
least  twenty  times  the  number  of  teachers  employed  there- 
,  in.     (  98  V.  200  §  2.) 

Section  7598.  When  a  school  district  is  composed  of 
territory  in  two  or  more  counties,  the  rate  of  taxation 
shall  be  ascertained  by  the  board  of  education  of  such  dis- 
trict and.  be  certified  to  the  auditors  of  the  several  counties, 
wl;io  must  place  it  on  the  tax  duplicate.  It  shall  be  collected 
as  provided  in  section  seventy-five  hundred  and  ninety- 
four.     (R.  S.  Sec.  3963.) 

.    Section  7599.     The  funds  belonging  to  a  district  com-    xo  whom 
posed  of  territory  in  more  than  one  county  shall  be  paid  by    ^""^^  paid, 
the  treasurers  of  the  other  counties  to  the  treasurer  of  the 
county  having  the  greatest  tax  valuation  in  such  district.' 
The  auditors  of  other  counties  must  make  settlement  on  ac- 
count of  such  funds  with  the  auditor  of  the  county  having 
the  greatest  tax  valuation ;  and  the  treaaurer  of  the  district 
shall  make  the  settlement  with   such  auditor,  required  by 
section  seventy-six  hundred  and  two.     (R.  S.  Sec.  3963.) 

Section  7600.  After  each  annual  settlement  with  the 
county  treasurer,  each  county  auditor  shall  immediately 
apportion  the  school  funds  for  his  county.  The  state  com- 
mon school  fund  must  be  apportioned  in  proportion  to  the 
enumeration  of  youth  in  each  of  the  several  school  districts 
within  the  county,  except  if  an  enumeration  of  the  youth 
of  any  district  has  not  been  taken  and  returned  for  any 
year,  such  district  shall  not  be  entitled  to  receive  any  por- 
tion of  such  fund.  The  local  school  tax  collected  from  the 
several  districts  must  be  paid  to  the  districts  from  which  it 
was  collected.  Money  received  from  the  state  on  account 
of  interest  on  the  common  school  fund  shall  be  apportioned 
to  the  school  districts  and  parts  of  districts  within  the  terri- 
tory designated  by  the  auditor  of  state  as  entitled  thereto, 
in  proportion  to  the  enumeration  of  youth  therein.  All 
other  money  in  the  county  treasury  for  the  support  of  com- 
mon schools,  and  not  otherwise  appropriated  by  law,  shall 
be  apportioned  annually  in  the  same  manner  as  the  state 
common  school  fund.     (R.   S.  Sec.  3964.) 

The  auditor's  'duty  to  apportion  the  state  common  school  fund  among 
the  districts,  according  to  the  number  of  youth  is  not  excused  by  his  ina- 
bility to  apportion  other  funds.  His  failure  to  apportion  such  fund  docs 
not  authorize  the  township  school  board  to  treat  it  as  a  contingent  fund  and 
apportion  it  at  discretion.  Hence  the  indebtedness  of  the  township  board  for 
building  school  houses  in  an  amount  exceeding  all  the  funds  is  no  defense 
to  a  salary  order  of  a  teacher  in  a  sub-district,  entitled  to  one-fourth  of  the 
state  common  school   fund,  its  contingent   fund   being  exhausted.     9   C.    C,   13. 

Section  7601.     Immediately  after  such  apportionment    i>istribution 
is  made,  the  auditor  must  enter  it  in  a  book  to  be  kept  for    of  money 
that  purpose,  and  furnish  a  certified  copy  of  the  apportion-    uonme^nt^^'^ 


72 


SCHOOL   FUNDS. 


When  county 
line   divides 
original  sur- 
veyed  town- 
ship. 


Certificate   of 
apportionment. 


Depositing    of 
school    funds 
upon   competi- 
tive bidding. 


ment  to  each  school  treasurer  and  clerk  in  his  county.  He 
shall  give  to  each  of  such  treasurers  an  order  on  the  county 
treasurer  for  the  amount  of  money  payable  to  him,  and  take 
his  receipt  therefor.     (R.  S.  Sec.  3965.) 

Boards  of  education  can  leave  school  moneys  in  county  treasury  and 
draw  the  same  from  time  to  time  in  amounts  of  not  less  than  one  hundred 
dollars;    see  Sec.  2690. 

County  auditors  shall  in  no  case  permit  treasurer  to  have  in  his  hands 
school  funds  amounting  to  more  than  the  amount  of  his  bond;    see   Sec.  4769. 

Section  7602.  When  an  original  surveyed  township 
or  fractional  township  is  situated  in  two  or  more  counties, 
and  the  -land  granted  thereto  by  congress  for  the  support 
of  public  schools  has  been  sold,  the  auditor  of  the  county 
to  whose  treasurer  the  interest  on  the  proceeds  of  such  sale 
is  paid  must  apportion  such  interest  to  the  counties  in  which 
such  township  is  situated,  in  proportion  to  the  youth  of  the 
township  enumerated  in  each.  Such  auditor  shall  certify 
to  the  auditor  of  each  of  the  other  counties  the  amount 
so  ascertained  to  belong  to  the  part  of  the  township  situated 
in  his  county,  and  transmit  to  the  treasurer  of  each  of  such 
counties  an  order  on  the  treasurer  of  his  own  county  for 
such  amount.  The  auditor  of  each  county  shall  apportion 
the  amount  of  such  interest  belonging  to  the  part  of  the 
township  in  his  count}^,  to  the  districts  or  parts  of  districts 
entitled  thereto,  irw  proportion  to  the  enumeration  of  youth 
therein,  and  certify  and  pay  it  to  the  proper  school  officers, 
as   provided  in   the   next  preceding   section.     (R.    S.    Sec. 

3966.) 

Section  7603.  The  certificate  of  apportionment  fur- 
nished by  the  county  auditor  to  the  treasurer  and  clerk  of 
each  school  district  must  exhibit  the  amount  of  money  re- 
ceived by  each  district  from  the  state,  the  amount  received 
from  any  special  tax  levy  made  for  a  particular  purpose,  and 
the  amount  received  from  local  taxation  of  a  general  nature. 
The  amount  received  from  the  state  common  school  fund 
.  and  the  common  school  fund  shall  be  designated  the  "tuition 
fund"  and  be  appropriated  only  for  the  payment  of  superin- 
tendents and  teachers.  Funds  received  from  special  levies 
must  be  designated  in  accordance  with  the  purpose  for 
which  the  special  levy  was  made  and  be  paid  out  only  for 
such  purpose,  except  that,  when  a  balance  remains  in  such 
fund  after  all  expenses  incident  to  the  purpose  for  which 
it  was  raised  have  been  paid,  such  balance  will  become  a  part 
of  the  contingent  fund  and  the  board  of  education  shall 
make  such  transfer  by  resolution.  Funds  received  from  the 
local  levy  for  general  purposes  must  be  designated  so  as  to 
correspond  to  the  particular  purpose  for  which  the  levy 
was  made.  Moneys  coming  from  sources  not  enumerated 
herein  shall  be  placed  in  the  contingent  fund.  (R.  S.  Sec. 
3,9(^7  ■) 

Section  7604.  The  board  of  education  of  any  school 
district  by  resolution  shall  provide  for  the  deposit  of  any 
or  all  moneys  coming  into  the  hands  of  its  treasurer.  But 
no  bank  shall  receive  a  deposit  larger  than  the  amount  of  its 


SCHOOL   FUNDS. 


73 


paid  in  capital  stock,  and  in  no  event  to  exceed  three  hundred 
thousand  dollars.  (R.  S.  Sec.  3968,  as  amended  May  10, 
19TO.) 

Capital  5:<ck  means  capital;  hence  unincorporated  as  well  as  incorpo- 
rated banks  may  become  depositaries.  This  section  prior  to  amendment  of 
1910,  held  to  be  mandatory  after  passage  of  resolution.     15  O.   D.  N.   P.,  720. 

Section  7605.  In  school  districts  containing  two  or 
more  banks  such  deposit  shall  be  made  in  the  bank  or  banks, 
situatfd  therein,  that  at  competitive  bidding  offer  the  high- 
est rate  of  interest  which  must  be  at  least  two  per  cent  for 
the  full  time  funds  or  any  part  thereof  are  on  deposit.  Such 
bank  or  banks  shall  give  a  good  and  sufficient  bond  in  a  sum 
not  less  than  the  amount  deposited.  The  treasurer  of  the 
school  district  must  see  that  a  greater  sum  than  that  con- 
tained in  the  bond  is  not  deposited  in  such  bank  or  banks 
and  he  and  his  bondsmen  shall  be  liable  for  any  loss  occa- 
sioned by  deposits  in  excess  of  such  bond.  (R.  S.  Sec. 
3968,  as  amended  May  10,  19 10.) 

Section  7606.  The  board  shall  determine  in  such 
resolution  the  method  by  which  bids  shall  be  received,  the 
authority  which  is  to  receive  them,  the  time  for  which  such 
deposits  shall  be  made  and  all  details  for  carrying  into  ef- 
fect the  authority  herein  given.  All  proceedings  in  con- 
nection with  such  competitive  bidding  and  deposit  of  moneys 
must  be  so  conducted  as  to  insure  full  publicity  and  shall 
be  open  at  all  times  to  pubhc  inspection.  If  in  the  opinion 
of  a  board  of  education  there  has  been  any  collusion  between 
the  bidders,  it  may  reject  any  or  all  bids  and  arrange  for  the 
deposit  of  funds  in  a  bank  or  banks  without  the  district  as 
hereinafter  provided  for  in  districts  not  having  two  or  more 
banks  located  therein.     (R.  S.  Sec.  3968.) 

vSection  7607.  In  all  school  districts  containing  less 
than  two  banks,  after  the  adoption  of  a  resolution  providing 
for  the  deposit  of  its  funds,  the  board  of  education  may  enter 
into  a  contract  with  one  or  more  banks  that  are  convenient- 
ly located  and  offer  the  highest  rate  of  interest,  which  shall 
not  be  less  than  two  per  cent  for  the  full  time  the  funds  or 
any  part  thereof  are  on  deposit.  Such  bank  or  banks  shall 
give  good  anl  sufficient  bond  in  a  sum  at  least  equal  to  the  a- 
mount  deposited.  The  treasurer  of  the  school  district  must 
see  that  a  greater  sum  than  that  contained  in  the  bond  is  not 
deposited  in  such  bank  or  banks,  and  he  and  his  bondsmen 
shall  be  liable  for  any  loss  occasioned  by  deposits  in  excess 
of  such  bond.     (R.  S.  Sec.  3968,  as  ameiided  May  10,  1910.) 

Section  7608.  The  resolution  and  contract  in  the  next 
four  preceding  sections  provided  for,  shall  set  forth  fully  all 
details  necessary  to  carry  into  effect  the  authority  therein 
given.  All  proceedings  connected  with  the  adoption  of  such 
resolution  and  the  making  of  such  contract  must  be  con- 
ducted in  such  a  manner  as  to  insure  full  publicity  and  shall 
be  open  at  all  times  to  public  inspection.     (R.  S.  Sec.  3968.) 


When  district 
contains  two 
or  more  banks. 


Bids. 


Districts  con- 
taining  less 
than   two 
bnnks. 


What    resolu- 
tion  to    con- 
tain. 


74 


SCHOOL   FUNDS. 


Liability   of 

treasurer 

relieved. 


Neglect  of 
certain  duties 
bv  board. 


Personal  liabil- 
ity  of    board 
memh^rs. 


Duty    of 
-county   au- 
ditor. 


Section  7609.  When  a  depository  is  lawfully  provid- 
ed, and  the  funds  are  deposited  therein,  the  treasurer  of  the 
school  district  and  his  bondsmen  shall  be  relieved  from  any 
liability  occasioned  by  the  failure  of  the  bank  or  banks  of 
deposit  or  by  the  failure  of  the  sureties  therefor,  or  by  the 
failure  of  either  of  them,  except  as  above  provided  in  cases 
of  excessive  deposits  (R.  S.  Sec.  3968,  as  amended  May  10, 
1910.) 

Section  7610.  If  the  board  of  education  in  a  district 
fails  in  any  year  to  estimate  and  certify  the  levy  for  a  con- 
tingent fund  as~  required  by  this  chapter,  or  if  the  amount 
so  certified  is  deemed  insufficient  for  school  purposes,  or  if 
it  fails  to  provide  sufficient  school  privileges  for  all  the 
youth  of  school  age  in  the  district  or  to  provide  for  the  con- 
tinuance of  any  school  in  the  district  for  at  least  thirty-two 
weeks  in  the  year,  or  to  provide  for  each  school  an  equitable 
share  of  school  advantages  as  required  by  this  title,  or  to 
provide  suitable  school  houses  for  all  the  schools  under  its 
control,  or  to  elect  a  superintendent  or  teachers,  or  to  pay 
their  salaries,  or  to  pay  out  any  other  school  money  needed 
m  school  administration,  or  to  fill  any  vacancies  in  the  board 
within  the  period  of  thirty  days  after  such  vacancies  occur, 
the  commissioners  of  the  county  to  which  such  district  be- 
longs, upon  being  advised  and  satisfied  thereof,  shall  per- 
form any  or  all  of  such  duties  and  acts,  in  the  same  man- 
ner as  the  board  of  education  by  this  title  is  authorized  to 
perform  them.  All  salaries  and  other  money  so  paid  by  the 
commissioners  of  the  county,  shall  be  paid  out  of  the  courity 
treasury  as  are  other  county  expenses,  but  they  shall  be  a 
charge  against  the  school  district  for  which  the  money  was 
paid.  The  amount  so  paid  shall  be  retained  by  the  county 
auditor  from  the  proper  funds  due  to  such  school  district,  at 
the  time  of  making  the  semi-annual  distribution  of  taxes. 
(R.  S.  Sec.  3969.) 

County  commissioners  can  only  eanploy  teachers  when  the  township 
board  of  education  fails  to  do  so;  and  when  they  have  suspended  school 
in  two  subdistricts  and  provided  transportation  to  other  districts  it  is  not  a 
failure  to  make  lawful  provision  for  school  in  such  district  and  the  county 
commissioners  cannot  interfere.  Wayne  Tp.  (Bd  of  Ed),  v.  Shaul,  17  Dec. 
269    (4   N.    S.    433.) 

When  the  county  commissioners  have  wrongfully  interfered  with  the 
management  of  township  schools  the  remedy  of  the  township  board  of  edu- 
cation is  by  injunction.  Wayne  Tp.  (Bd.  of  Ed.)  v.  Shaul,  17  Dec.  269 
(4    N.    S.    433). 

Section  76 ii.  The  members  of  a  board  who  cause 
such  failure  shall  be  each  severally  liable,  in  a  penalty  not  to 
exceed  fifty  dollars  nor  less  than  twenty-five  dollars,  to  be 
recovered  in  a  civil  action  in  the  same  of  the  state  upon  com- 
plaint of  any  elector  of  the  district,  which  sum  must  be  col- 
lected by  the  prosecuting  attorney  of  the  county  and  when 
collected  be  paid  into  the  treasury  of  the  county,  for  the 
benefit  of  the  school  or  schools  of  the  district.  (R.  S.  Sec. 
3969-) 

Section  7612.  The  auditor  of  each  county  shall  col- 
lect, or  cause  to  be  collected,  all  fines  and  other  money  for 
the  support  of  common  schools  in  his  county,  and  pay  them 


SCHOOL   FUNDS.  75 

to  the  county  treasurer.  He  also  must  inspect  all  accounts 
of  interest  accruing  on  account  of  section  sixteen,  or  other 
school  lands,  whether  it  is  payable  by  the  state  or  by  the 
debtors;  and  take  all  proper  measures  to  secure  to  each 
school  district  in  his  county  the  full  amount  of  school  funds 
to  which  it  is  entitled.     (R.  S.  Sec.  3970.) 

FINES    TO    BE    PAID    INTO    SCHOOL    FUND. 

Sees.  2605  and  ^2606.  Penalty  against  county  auditors  for  failing  to  re- 
port to  state   auditor! 

Sec.  2607.     Relating  to  dog  tax. 

Sec.  2924.  Relating  to  the  disposition  of  the  proceeds  of  the  sale  of 
timber   growing   on    state    or    school   lands,   unlawfully    cut    down. 

Sees.  12465  and  12466.  Providing  for  the  disposition  of  the  proceeds  of 
the  sale  of  unclaimed  property,  stolen,  embezzled,  or  obtained  under  false 
pretenses. 

Sec.  31.92.  Penalty  against  township  trustees  and  treasurers  who  refuse 
to   serve. 

Sec.  3304.  Penalty  against  township  clerk  for  failure  to  make  detailed 
statement.  ^ 

Sec.  3358.  Penalty  against  assessors  for  neglecting  or  refusing  to  make 
out  and   return   statistics. 

Sec.  3359.  Penalty  against  any  person,  company,  or  corporation,  refusing 
to   make  out  and   deliver   a   statement   of  facts  for   taxation. 

Sec.  8369.  Relating  to  the  proceeds  of  the  sale  of  unclaimed  goods  by 
express   companies,    common    carriers,    etc. 

Sec.    9238.     Penalty   for  avoiding  toll    on   turnpikes   or  plank    road. 

Sec.  7611.  Penalty  against  member  of  board  of  education  who  fails  to 
perform  certain   duties. 

Sec.  7802.  Penalty  against  the  clerk  of  a  local  board  for  failure  to  take 
the    school    enumeration. 

See.  4772.  Penalty  against  treasurers  of  school  districts  for  failure  to 
make   annual  settlement. 

Sec.  7790.  Penalty  against  county  auditors  and  clerks  of  boards  of 
education   for    failing   to   make   certain    reports. 

Sec.  7792.  Penalty  against  county  auditors  for  failure  to  make  enumera- 
tion return. 

Sec.  7867.  Penalty  against  institute  committee  for  failure  to  make  re- 
quired  report. 

Sees.  5808  and  5814.  Penalty  for  allowing  certain  animals  to  run  at 
large. 

Sec.   6321.    Penalty  against   owners  or  keepers   of  wharf  boats. 

Sec.    6350.      Relating   to   peddlers'    license. 

Sec.  6497.  Tenalty  against  auditors,  engineers,  commissioners,  and  pro- 
bate judges,  who  fail  to  perform  certain  duties  relating  to  county  ditches, 
sinkholes,   etc. 

SINKING   FUND. 


Section  7613.     In  any  school  district  having  a  bonded    B9ard  of  com- 
indebtedness,  for  the  payment  of  which,  with  interest,  no   Sie  sinking 
provision  has  been  made  by  a  special  tax  levy  for  that  par-    ^""^• 
ticular  purpose,  the  board  of  education  of  such  district  annu- 
ally, on  or  before  the  thirty-first  day  of  August,  shall  set 
aside  from  its  revenue  a  sum  equal  to  not  less  than  one- 
fortieth  of  such  indebtedness  together  with  a  sum  sufficient 
to  pay  the  annual  interest  thereon.     (97  v.  352  §  i.) 

Section  7614.     The  board  of  education  of  every  dis-    who  to  pro- 
trict  shall  provide  a  sinking  fund   for  the  extinguishment    ^*^^  funds, 
of  all  its  bonded  indebtedness,  which  fund  shall  be  managed 
and  controlled  by  a  board  of  commissioners  designated  as 

the  ''board  of  commissioners  of  the  sinking  fund  of 

...."(inserting  the  name  of  the  district),  which  shall  be 
composed  of  five  electors  thereof,  and  be  appointed  by  the 
common  pleas  court  of  the  county  in  which  such  district  is 
chiefly  located,  except  that,  in  city  or  village  districts  the 
board  of  commissioners  of  the  sinking  fund  of  the  city  or 
village  may  be  the  board  of  the  school  district.  Such  com- 
missioners shall  serve  without  compensation  and  give  such 
bond   as   the  board   of    education   requires   and    approves. 


-6 


SCHOOL   FUNDS. 


Inv-^s'ment  of 
sinking  fund. 


Sinking  fund 
commissioners 
may  issue  re- 
funding bonds. 


Report    of 
sinking    fund 
commissioners. 


Payment  of 
bonds  and 
interest. 


Bonds  issued 
bv  board  of 
education. 


Any  surety  company  authorized  to  sign  such  bonds  may  be 
accepted  by  such  board  of  education  as  surety.  The  cost 
thereof,  together  with  all  necessary  expenses  of  such  com- 
missioners shall  be  paid  by  them  out  of  the  funds  under  their 
control.     (97  V.  352  §  i.) 

Sinking  fund  commissioners  have  control  and  management  of  school 
district's  sinking  fund,  but  treasurer  of  board  of  education  has  custody 
.thereof.     16  O.   J>.   N.   P.,  386. 

Section  7615.  The  board  of  commissioners  of  the 
sinking  fund  shall  invest  that  fund  in  bonds  of  the  United 
States,  of  the  state  of  Ohio,  of  any  municipal  corporation, 
county,  township  or  school  district  of  any  state  or  in  bonds 
of  its  own  issue.  All  interest  received  from  such  invest- 
ments shall  be  deposited  as  other  funds  of  such  sinking 
fund,  and  reinvested  in  like  manner.  For  the  extinguish- 
ment of  any  bonded  indebtednes  included  in  such  fund,  the 
board  of  commissioners  may  sell  or  use  any  of  the  securities 
or  money  of  such  fund.     (  98  v.  45  §  2.) 

Section  7616.  The  board  of  commissioners  of  the  sink- 
ing fund  may  refund,  extend  or  renew  the  bonded  debt  of 
the  school  district  or  any  part  thereof,  existing  April  25, 
1904,  by  issuing  the  bonds  of  such  chool  district  for  such 
periods,  not  exceeding  twenty  years,  in  such  denomination, 
payable  at  such  place  and  at  a  rate  of  interest, not  to  exceed 
the  rate  previous  to  such  refunding,  extension  or  renewal. 
But  the  aggregate  amount  of  the  refunding,  extending  or 
renewing  bonds  so  issued  shall  not  exceed  that  of  the  bonds 
so  refunded,  extended  or  renewed.     (97  v.  353  §  3.) 

Section.  7617.  Th  board  of  commissioners  of  the 
sinking  fund  shall  make  an  annual  report  to  the  board  of 
education  giving  a  detailed  statement  of  the  sinking  fund  for 
each  year  ending  with  August  thirty-first.  Such  report 
must  be  filed  with  the  board  of  education  on  or  before 
September  thirtieth  of  each  year  and  other  reports  may  be 
required  by  such  board  of  education  when  deemed  neces- 
sary.    (98  V.  45  §4-) 

Section  7618.  The  board  of  education  shall  appro- 
priate to  the  use  of  such  sinking  fund  any  taxes  levied  for 
the  payment  of  interest  on  its  bonded  indebtedness,  together 
with  the  sum  provided  for  in  sections  seventy-six  hundred 
thirteen  and  seventy-six  hundred  and  fourteen.  Sums  so 
appropriated  shall  be  applied  to  no  other  purpose  than  the 
payment  of  such  bonds,  interest  thereon  and  necessary  ex- 
penses of  such  sinking  fund  commission.     (98  v.  45  §  4.) 

Section  7619.  When  a  board  of  education  issued 
bonds  for  any  purpose,  such  issue  first  shall  be  offered  for 
sale  to  the  board  of  commissioners  of  the  sinking  fund,  who 
may  buy  any  or  all  of  such  bonds  at  par.  Within  five  days 
of  the  time  when  notice  is  given,  the  board  shall  notify  the 
board  of  education  of  its  action  upon  the  proposed  purchase. 
After  that  time  the  board  of  education  sjiall  issue  any  por- 
tion not  purchased  by  such  commission  according  to  law. 
(98  V.  45  §4.) 


CHAPTER  2. 

SCHOOL  HOUSES  AND  LIBRARIES. 


SCHOOL  HOUSES. 


Section 


7620. 
7621. 
7622. 


7624. 

7625. 
7626. 

7627. 
7628. 
7629. 
7620. 


School   houses. 

Display  of  U.   S.   flag. 

Regulating  use  ^of  school  houses. 

Directions  for  'bidding  and  for  letting 
contra€ts.        ♦  » 

Appropriation  of  land  for  school  pur- 
poses. 

Submission   of  question   of  bond  issue. 

If  question  approved,  board  may  issue 
such    bonds. 

Requisites    of    bonds. 

Tax  levy  to  pay  bonds  thus  issued. 

Issue  of  bonds  by  boards  of  education. 

Limit   of   issue. 


Section 


LIBRARIES. 


7631. 
7632. 


7634. 
7635. 


7637. 
7638. 
7639. 

7640. 
7641. 

7G42. 
7643. 


Establishment  of  public  library. 

Taxation. 

Libraries  jointly  owned  by  two  or  more 
school  districts. 

Board  of  trustees,   appointment,   term. 

Management   and   control   of   library. 

Library  trustees,  number  and  eligibility 
of. 

Powers  of  board. 

May  acquire   land. 

Library  fund;  how  provided  and  main- 
tained. 

Payments   from  library   fund. 

Board  of  education  may  contract  with 
library  association  for  use  of  library. 

School  library. 

Museum. 


SCHOOL  HOUSES. 


Section  7620.  The  board  of  education  of  a  district 
may  build,  enlarge,  repair  and  furnish  the  necessary  school- 
houses,  purchase  or  lease  sites  therefor,  or  rights  of  way 
thereto,  or  rent  suitable  schoolrooms,  provide  the  necessary 
apparatus  and  make  all  other  necessary  provisions  for  the 
schools  under  its  control.  It  also,  shall  provide  fuel  for 
schools,  build  and  keep  in  good  repair  fences  inclosing  such 
school-houses,  when  deemed  desirable  plant  shade  and  orna- 
mental trees  on  the  school-grounds,  and  make  all  other 
provisions  necessary  for  the  convenience  and  prosperity  of 
the  schools  within  the  subdistricts.     (R.  S.  Sec.  3987.) 


School-houses. 


Sec. 


commissioners 
:     Sec.   7610. 


may    act     as 


u'-horize  an  exchange  of  school  lots; 

board    of    education    under    certain 


Courts  of  common  pleas  may 
3707. 

County 
circumstances 

Penalty   for   destroying   plants   or  trees;     Sec.   12490. 

Penalty  for  using  school  house  without  certificate  of  inspector;  Sec. 
12574. 

A  school  feoard  is  not  liable  as  such  for  an  inj.ury  to  a  pupil  arising 
from  negligence  in  the  erection  and  maintenance  of  a  public  school  building. 
30  O.  S.,  37. 

A  board  of  education  will  be  enjoined  in  the  exercise  of  its  discretion 
where  it  attempts  \yithout  any  valid  reason  or  necessity  to  expend  the  public 
funds  for  the  erection  of  a  new  school  house  in  another  place  in  the  district 
when  the  old  one  is  suitable  and  satisfactory  and  located  near  the  center 
of  the  district.     13  C.   C,  258. 

Statutes  do  not  require  advertisement  for  bids  nor  letting  of  contract 
for  coal  to  lowest  bidder.  Gosline  v.  Toledo  (Bd.  of  Ed.),  30  O.  C.  C,  503 
(11  N.    S.  195.) 

The  law  requires,  under  severe  penalties  to  be  visited  on  those  who  have 
control  thereof,  that  "all  school  houses  are  to  have  ample  m^ans  of  convenient 
egress,  and  doors  opening  outward."  For  requirements  as  to  certificates 
regarding  the  safety  of  such  buildings,  and  the  penalties  relating  to  neglect, 
see  Sections  1031-1036. 

Concerning  the  full  power  of  boards  of  education,  teachers,  or  other 
citizens,  to  secure  protection  against  the  injury  or  defacement  of  "school 
houses,  school  yards,  trees,  fences,  gates  and  bars,"  see  General  Code, 
section  12477,  also  section  12487.  Any  citizen  may  prosecute  the  transgressor 
in  these  cases.  School  houses,  school  furniture,  and  other  school  property 
belonging  to  the  township,  and  not  to  the  subdistrict,  are  entirely  under  the 
legal   control   of   the  township   board. 

It  is  the  duty  of  the  township  board  of  education  to  exercise  such  super- 
vision over  the  school  houses  in  the  several  subdistricts,  as  may  be  neces- 
sary to  prevent  their  being  used  in  such  a  manner  and  for  such  purposes- 
as  may  interfere  with  their  use,  for  the  legitimate  and  special  purposes  for 
which  they  were  erected. 

77 


78 


SCHOOL    HOUSES    AND    LIBRARIES. 


Display  of 
U.    S.    flag. 


Regulating 
use   of 
school-houses. 


Directions   for 
bidding  and 
for   letting 
contracts. 


Section  7621.  All  boards  of  education  are  required  to 
display  the  United  States  national  flag  upon  all  school-houses 
under  their  control,  during  all  day  school  sessions  in  fair 
weather,  which  shall  be  displayed  on  the  inside  of  the  school- 
house  on  all  other  days.  Such  boards  shall  make  all  rules 
and  necessary  regulations  for  the  care  and  keeping  of  such 
Hags,  the  expense  thereof  to  be  paid  out  of  their  contingent 
funds.     (92  V.  86  §  I.) 

Section  7622,  When,  in  the  judgment  of  a  board  of 
education,  it  will  be  for  the  advantage  of  the  children  re- 
siding in  any  school  district  to  hold  literary  societies,  school 
exhibitions,  singing  schools,  religious  exercises,  select  or 
normal  schools,  the  board  of  education  shall  authorize  the 
opening  of  the  school-houses  for  such  purposes.  The  board 
of  education  of  a  school  district  in  its  discretion  may  author- 
ize the  opening  of  such  school-houses  for  any  other  lawful 
purposes.  But  nothing  herein  shall  authorize  a  board  of 
education  to  rent  or  lease  a  schoolhouse  when  such  rental 
or  lease  in  any  wise  interferes  with  the  public  schools  in 
such  district,  or  for  any  purpose  other  than  is  authorized 
by  this  chapter.     (R.  S.  Sec.  3987-1.) 

Powers    of    boards    of    education;     Sec.    4749. 

Leasing  a  school  house  for  a  private  school  is  a  violation  of  the  trust, 
and  is  not  within  the  power  of  "disposing"  of  property  in  Sec.  3971,  and  a 
resident  taxpayer  may  obtain  injunction.     35  O.    S.,  143. 

School  houses  should  not  be  open  for  any  purpose  concerning  the  moral 
effect  of  which  there  is  a  difference  of  opinion  among  the  residents  of  the 
district. 

Section  7623.  When  a  board  of  education  determines 
to  build,  repair,  enlarge  or  furnish  a  school-house  or  school- 
houses,  or  make  any  improvement  or  repair  provided  for  in 
this  chapter,  the  cost  of  which  will  exceed  in  city  districts, 
fifteen  hundred  dollars,  and  in  other  districts  five  hundred 
dollars,  except  in  cases  of  urgent  necessity,  or  for  the  se- 
curity and  protection  of  school  property,  it  must  proceed  as 
follows : 

1.  For  the  period  of  four  weeks,  the  board  shall  adver- 
tise for  bids  in  some  newspaper  of  general  circulation  in  the 
district,  and  two  such  papers,  if  there  are  so  many.  If  no 
newspaper  has  a  general  circulation  therein,  then  by  posting 
such  advertisement  in  three  public  places  therein.  Such  ad- 
vertisement shall  be  entered  in  full  by  the  clerk,  on  the  re- 
cord of  the  proceedings  of  the  board. 

2.  The  bids,  duly  sealed  up,  must  be  filed  with  clerk 
by  twelve  o'clock,  noon,  of  the  last  day  stated  in  the  adver- 
tisement. 

3.  The  bids  shall  be  opened  at  the  next  meeting  of  the 
board,  be  publicly  read  by  the  clerk,  and  entered  in  full  on 
the  records  of  the  board. 

4.  Each  bid  must  contain  the  name  ui  every  person 
interested  therein,  and  shall  be  accompanied  by  a  sufficient 
guarantee  of  some  disinterested  person,  that  if  the  bid  ht 
accepted,  a  contract  will  be  entered  into,  and  the  perform- 
ance of  it  properly  secured. 


SCHOOL    HOUSES   AND    LIBRARIES. 


79 


5.  When  both  labor  and  materials  are  embraced  in  the 
work  bid  for,  each  must  be  separately  stated  in  the  bid,  with 
the  price  thereof. 

6.  None  but  the  lowest  responsible  bid  shall  be  ac- 
cepted! The  board  in  its  discretion  may  reject  all  the  bids, 
or  accept  any  bid  for  both  labor  and  material  for  such  im- 
provement or  repair,  which  is  the  lowest  in  the  aggregate. 

7.  Any  part  of  a  bid  which  is  lower  than  the  same  part 
of  any  other  bid.,  shall  be  accepted,  whether  the  residue  of 
the  bid  is  higher  or  not ;  and  if  it  is  higher,  such  residue  must 
be  rejected. 

8.  The  contract  must  be  between  the  board  of  educa- 
tion and  the  bidders.  The  board  shall  pay  the  contract 
price  for  the  work,  when  it  is  completed,  in  cash,  and  may 
pay  monthly  estimates  as  the  work  progresses. 

9.  When  two  or  more  bids  are  equal,  in  the  whole,  or 
in  any  part  thereof,  and  are  lower  than  any  others,  either 
may  be  accepted,  but  in  no  case  shall  the  work  be  divided  be- 
tween such  bidders. 

10.  When  there  is  reason  to  believe  that  there  is  collu- 
sion or  combination  among  the  bidders,  or  any  number  of 
them,  the  bids  of  those  concerned  therein  shall  be  rejected. 
(R.  S.  Sec.  3988.) 

Letting  contracts  for  school  houses  when  cost  amounts  to  $10,000  or  more; 
see   Sees.   2362,   2363,   2364. 

Where  the  board  awarded  a  contract  to  build  a  school  house  to  the 
lowest  responsible  bidder  for  the  whole  work,  but  whose  bid  was  defective, 
in  that  it  did  not  state  the  price  separately  of  labor  and  materials,  and  the 
relator's  bid  for  labor  and  materials  was  the  lowest  offered,  and  yet  was 
defective,  in  not  having  a  sufficient  guarantee,  and  he.  had  notified  the 
board  that  his  bid  was  for  the  whole  work  or  none;  Held,  that  relator  must 
show  ^  clear,  legal  right  in  himself,  and  cannot  avail  himself  of  defects  in  the 
other's  bid;  that  defects  may  be  waived  where  no  public  injury  is  worked 
thereby;  that  relator  cannot  complain  that  the  whole  work  was  awarded  to  a 
lower  bidder,  although  his  bid  for  a  part  was  the  lowest  offered.     42  O.  S.  374. 

A  bid  under  this  section  which  separately  states  the  labor  and  material, 
with  the  price  of  each,  and  with  the  provision  attached  that  it  is  to  be 
accepted  as  a  whole,  does  not  comply  with  this  section.    4  N.  P.,  44. 

The  discretion  of  a  board  as  to  what  system  of  apparatus  it  will  put 
in  cannot  be  controlled  either  by  mandamus  or  injunction.  Such  bids  are 
not  competitive.    14  C.  C,  15. 

In  order  that  one  who  has  bid  on  public  work  can  maintain  an  action 
of  mandamus,  he  must  show  that  he  is  "the  one  with  whom  the  contract 
should  be  made  regardless  of  anybody's  else  rights.     14  C.  C,  19. 

A  bid  on  heating  and  ventilating  apparatus  need  not  separately  state  the 
cost  of  labor  and  materials  entering  into  the  same.     Id.  23. 

When  an  advertisement  for  bids  for  public  work  is  required,  the  board 
may  reject  them.    13  C.  C,  603. 

When  an  advertisement  is  not  necessary,  the  board  may  make  such 
stipulations  as  it  desires.     Id. 

A  board  of  education  can  not  allow  a  contractor  to  amend  and  in- 
crease his  bid  on  account  of  a  mistake  not  appearing  on  the  face  of  his 
bid  after  the  bids  of  the  other  contractors  have  been  opened  and  seen  bv  him. 
19   Dec.   89    (7  N.    S.  590). 

Section  7624.  When  it  is  necessary  to  procure  or  en- 
large a  school  site,  and  the  board  of  education  and  the  own- 
er of  the  proposed  site  or  addition  are  unable  to  agree  upon 
the  sale  and  purchase  thereof,  the  board  shall  make  an  ac- 
curate plat  and  description  of  the  parcel  of  land  which  it  de- 
sires for  such  purposes,  and  file  them  with  the  probate  judge, 
or  court  of  insolvency,  of  the  proper  county.  Thereupon 
the  same  proceedings  of  appropriation  shall  be  had  which  are 
provided  for  the  appropriation  of  private  property  by  munic- 
ipal corporation.      (R.  S.  Sec.  3990.) 


Appropriation 
of  land  for 
school    pur- 


8o 


SCHOOL    HOUSES    AND    LIBRARIES. 


Submission 
of  question 
of  bond   issue. 


Transfer    of 
surplus   of 
special   tax  or 
loan. 


Reappropria- 
tion   and  trans- 
fer of  surplus 
in   established 
fund. 


Power  to  bor- 
row to  extend 
time,    of   debt. 


Power    to    ex- 
change bonds. 


Section  7625.  When  the  board  of  education  of  any 
school  district  determines  that  for  the  proper  accon'imoda- 
tion  of  the  schools  of  such  district  it  is  necessary  to  purchase 
a  site  or  sites  to  erect  a  schoolhouse  or  houses,  to  complete 
a  partially  built  schoolhouse,  to  enlarge,  repair  or  furnish 
a  schoolhouse,  or  to  do  any  or  all  of  such  things,  that  the 
funds  at  its  disposal  or  that  can  be  raised  under  the  pro- 
visions of  sections  seventy-six  hunderd  and  twenty-nine  and 
seventy-six  hundred  and  thirty,  are  not  sufficient  to  accom- 
plish the  purpose  and  that  a  bond  issue  is  necessary,  the 
board  shall  make  an  estimate  of  the  probable  amount  of 
money  required  for  such  purpose  or  purposes  and  at  a  gen- 
eral election  or  special  election  called  for  that  purpose,  sub- 
mit to  the  electors  of  the  district  the  question  of  the  issuing 
of  bonds  for  the  amount  so  estimated.  Notices  of  the  elec- 
tion required  herein  shall  be  given  in  the  manner  provided  by 
law  for  school  elections.      (R.  S.  Sec.  3991.) 

When  a  proposition  for  a  bond  issue  for  erection  or  equipment  of  a 
school  house  has  been  voted  down  three  times,  fuilher  submission  of  the 
lircposition  may  be  enioined  as  an  abus^^  of  discretion  and  authority  on  the 
part   of   the  board.     19  Dec.  83   (7  N.    S.   590). 

Section  5654.  When  there  is  in  the  treasury  of  any  city,  vil- 
lar^e,  county,  township  or  school  district,  a  surplus  of  the  proceeds 
of  a  special  tax,  or  of  proceeds  of  a  loan  for  a  special  purpose, 
which  is  not  needed  for  the  purpose  for  which  the  tax  was  levied, 
or  the  loan  made,  it  may  be  transferred  to  the  general  fund  by 
vn  order  of  the  proper  authorities  entered  on  their  minutes.  (R. 
3.   Sec.  2834.) 

Section  5655.  When  there  is  in  the  treasury  of  such  civil 
'ivision,  as  provided  in  the  next  preceding  section,  at  the  annual 
•-".eeting  or  meetings  otherwise  provided  by  law  at  which  the 
annual  tax  levy  is  to  be  considered  and  adopted,  a  surplus  not 
exceeding  one  thousand  dollars  in  any  one  established  fund  or 
division  of  the  funds,  which  is  not  needed  for  the  purpose  for 
which  the  fund  was  created,  the  money  appropriated,  or  the  tax 
levied,  before  such  annual  tax  levy  is  made,  it  may  be  consid- 
ered as  unappropriated  and  may  be  reappropriated  and  trans- 
ferred, by  an  order  as  is  provided  in  such  section,  to  another 
existing  fund  for  which  a  tax  is  to  be  or  would  otherwise  be 
levied.  The  sum  which  it  would  be  necessary  to  raise  by  tax- 
ation for  any  purpose,  if  no  such  reapportionment  was  made, 
shall  thereupon  be  reduced  to  the  extent  of  the  transfer  thus 
made.  This  section  shall  not  authorize  such  reapportionments 
or  any  transfer  of  funds  at  any  other  time  than  the  meeting 
aforesaid  to  determine  the  tax  levy  nor  authorize  transfers  at 
any  one  such  meeting  of  over  three  thousand  dollars  in  the 
aggregate,  nor  that  the  amount  which  may  be  lawfully  raised  by 
taxation  for  any  purpose  may  be  increased  by  such  transfer.  (R. 
S.   Sec.  2834.) 

Section  5656.  The  trustees  of  a  township,  the  board  of 
education  of  a  school  district  and  the  commissioners  of  a  county, 
for  the  purpose  of  extending  the  time  of  payment  of  any  indebt- 
edness, which  from  its  limits  of  taxation  such  township,  district 
or  county  is  unable  to  pay  at  maturity,  may  borrow  money  or 
issue  the  bonds  thereof,  so  as  to  change,  but  not  increase  the 
indebtedness  in  the  amounts,  for  the  length  of  time  and  at  the 
rate  of  interest  that  said  trustees,  board  or  commissioners  deem 
rroper,  not  to  exceed  the  rate  of  six  per  cent  per  annum,  pay- 
able annually  or  semi-annually.      (R.   S.   Sec.   2834a.) 

Section  5657.  When  it  appears  to  the  trustees  of  a  town- 
ship, board  of  education  of  a  school  district  or  commissioners 
of  a  county,  to  be  for  the  best  interests  of  such  township,  school 


SCHOOL    HOUSES    AND    LIBRARIES. 


8i 


district  or  county  to  renew,  refund  or  extend  the  time  of  pay- 
ment of  any  bonded  indebtedness  which  has  not  matured  and 
thereby  reduce  the  rate  of  interest  thereon,  they  may  issue,  for 
that  purpose,  new  bonds,  and  exchange  the  bonds  with  the  holder 
or  holders  of  such  outstanding  bonds  if  such  holder  or  holders 
consent  to  make  such  exchange  and  to  such  reduction  of  interest. 
(R.  S.  Sec.  2834a.) 

Section  5658.  No  indebtedness  of  a  township,  school  dis- 
trict or  county  shall  be  funded,  refunded  or  extended  unless  such 
indebtedness  is  f^rst  determined  to  be  an  existing,  valid  and  bind- 
ing obligation  of  such  township,  school  district  or  county  by  a 
formal  resolution  of  the  trustees,  board  of  education  or  commis- 
sioners thereof,  respectively.  Such  resolution  shall  state  the  amount 
of  the  existing  indebtedness  to  be  funded,  refunded  or  extended, 
the  aggregate  amount  of  bonds  to  be  issued  therefor,  their  num- 
ber and  .denomination,  the  date  of  their  maturity,  the  rate  of 
interest  they  shall  bear  and  the  place  of  payment  of  principal  and 
interest.     (R.   S.   Sec.  2834a.) 

Section  5350.  For  the  payment  of  the'  bonds  issued  under 
the  next  three  preceding  sections,  the  township  trustees,  board  of 
education  or  county  commissioners  shall  levy  a  tax,  in  addition  to 
the  amount  otherwise  authorized,  each  year  during  the  period  the 
bonds  have  to  run  sufticient  in  amount  to  pay  the  accruing  in- 
ters t  and  the  bonds  as»they  mature.      (R.    S.    Sec.  2834a.) 

Section  56G0.  The  commissioners  of  a  county,  the  trustees 
of  a  township  and  the  board  of  education  of  a  school  district, 
shall  not  enter  into  any  contract,  agreement  or  obligation  in- 
volving the  expenditure  of  money,  or  pass  any  resolution  or  order 
for  the  appropriation  or  expenditure  of  money,  unless  the  auditor 
or  clerk  thereof,  respectively,  first  certifies  that  the  money  re- 
quired for  the  payment  of  such  obligation  or  appropriation  is  in 
the  treasury  to  the  credit  of  the  fund  from  which  it  is  to  be 
drawn,  or  has  been  levied  and  placed  on  the  duplicate,  and  in 
process  of  collection  and  not  appropriated  for  any  other  purpose ; 
money  to  be  derived  from  lawfully  authorized  bonds  shall,  for  the 
purpose  of  this  section,  be  deemed  in  the  treasury  and  in  the 
appropriate  fund.  Such  certificate  shall  be  filed  and  forthwith 
recorded,  and  the  sums  so  certified  shall  not  thereafter  be  con- 
sidered unappropriated .  until  the  county,  township  or  board  of 
education,  is  fully  discharged  from  the  contract,  agreement  or  obli- 
gation, or  as  long  as  the  order  or  resolution  is  in  force.  (R.  S. 
Sec.  2834b,  as  amended  May,  1910.) 

Held  unconstilutional  for  lack  of  unifortnity  of  operation  in  so  far 
as  it  applies  to  boards  of  education,  and  failure  to  comply  with  require- 
ments of  this  section  in  incurring  an  obligation  does  not  render  an  obliga- 
tion void;  but  even  if  failure  to  comply  with  statutory  requirements  should 
render  a  note  given  by  a  board  of  education  unenforceable  at  law,  courts 
will  not  enjoin  its  collection.  8  O.  C.  C,  N.  S.,  ?05  (Affirmed  without  re- 
port,  78  O.    S.,   443.)      See   also   11  O.    C.    C,   41    (Affirmed   53   O.    S.,   650.) 

Section  5661.  All  contracts,  agreements  or  obligations,  and 
orders  or  resolutions  entered  into  or  passed  contrary  to  the  pro- 
visions of  the  next  preceding  section,  shall  be  void,  but  such  sec- 
tion shall  not,  apply  to  the  contracts  authorized  to  be  made  by 
other  provisions  of  law  for  the  employment  of  teachers,  officers, 
and  other  school  employes  of  boards  of  education.  (R.  S.  Sec. 
2834b.) 

See  Mc Alexander  v.  Haviland  School  District.     19  Dec.  89   (7  N.   S.  590.) 

When  the  statute  requires  that  notice  shall  be  given  of  the  matter  to  be 

acted  on,   a  failure  to   insert   such  matter  will  render  void  any  act  done   with 

respect  to  the  matter  not  so  embraced  as  required.    18  Maine,  1S4;    12  Gushing, 

291. 

It  cannot  be  too  often  repeated  that  a  board  of  education  speaks  only 
through  its  records.  Its  pcts,  findings,  and  determinations  are  only  known 
by  its  records.  Hence,  although  the  words  of  the  statute  mny  not  clearly 
settle  the  question,  yet  it  is  safest  to  assume  that  this  determination  is  to  be 
an  official  determination.  Purchasers  of  bonds  are  likely  to  scrutinize  such 
milters  closely,  and  they  will  question  whether  the  board  acquires  juris- 
Hiction  to  take  steps  for  raising  a  tax  unless  it  first  officially  "ascertains"  and 
"determines"  all  the  preliminary  facts  mentioned  in  the  statute,  and  makes  a 
record  of  such  finding. 

6     s.  I.. 


Resolution   as 
to  such  debts. 


Levy  to   meet 
payment  of 
bonds. 


Certificate    of 
clerk    neces- 
sary  in   cer- 
tain   cases. 


Exceptions 
thereto. 


If    question 
approved, 
board   may 
issue  such 
bonds. 


Requisites 
of   bonds. 


Tax    levy    to 
pay   bonds 
thus    issued. 


SCKOOL    KOUSES    AND    LIBRARIES. 

Section  7626.  If  a  majority  of  the  electors,  voting  on 
the  preposition  to  is^sue  bonds,  vote  in  favor  thereof,  the 
board  thereby  shall  be  authorized  to  issue  bonds  for  the 
amount  indicated  by  the  vote.  The  issue  and  sale  thereof 
shall  be  provided  for  by  a  resolution  fixing  the  amount  of 
each  bond,  the  length  of  time  they  shall  run,  the  rate  of 
interest  they  shall  bear,  and  the  time  of  sale,  which  may  be 
by  competitive  bidding  at  the  discretion  of  the  board.  (R. 
S.  Sec.  3992.) 

Section  'j(y2'].  Such  bonds  shall  bear  a  rate  of  interest 
not  to  exceed  six  per  cent  per  annum  payable  semi-annually, 
be  made  payable  within  at  least  forty  years  from  the  date 
thereof,  be  numbered  consecutively,  made  payable  to  the 
bearer,  bear  date  of  the  day  of  sale  and  be  signed  by  the 
president  and  clerk  of  the  board  of  education.  The  clerk 
of  the  board  must  keep  a  record  of  t1^e  number,  date, 
amount,  and  the  rate  of  interest  of  each  bond  sold,  the  a- 
mount  received  for  it,  the  name  of  the  person  to  whom 
sold,  and  the  time  when  payable,  which  record  shall  be  open 
to  the  inspection  of  the  public  at  all  reasonable  times. 
Bonds  so  issued  shall  in  no  case  be  sold  for  less  than  their 
par  value,  nor  bear  interest  until  the  purchase  money  for 
them  has  been  paid.     (R.  S.  Sec.  3992.) 

Section  7628.  When  an  issue  of  bonds  has  been  pro- 
vided for  under  the  next  three  preceding  sections,  the  board 
of  education,  annually,  shall  certify  to  the  county  auditor  or 
auditors  as  the  case  may  require,  a  tax  levy  sufficient  to  pay 
such  bonded  indebtedness  as  it  falls  due  together  with  ac- 
crued interest  'thereon.  Such  county  auditor  or  auditors 
must  place  such  levy  on  the  tax  duplicate.  It  shall  be  col- 
lected and  paid  to  the  board  of  education  as  other  taxes  are. 
Such  tax  levy  shall  be  in  addition  to  the  maximum  levy  for 
school  purposes,  and  must  be  kept  in  a  separate  fund  and  ap- 
plied only  to  the  payment  of  the  bonds  and  interest  for 
which  it  was  levied.      (R.  S.  Sec.  3993.) 

Mandamus  is  the  proper  remedy  to  compel  the  board  to  appropriate 
moneys  already  in  their  treasury  for  that  purpose,  toward  the  payment  of 
such  bonds,  and  to  levy  such  tax  as  may  be  necessary  to  complete  such 
payment.      27    O.    S.,    96. 

A  board  of  education  agreed  to  borrow  a  sum  of  money  at  an  aggregate 
rate  of  interest  of  fifteen  per  cent.,  in  manner  following:  For  the  amount 
so  to  be  borrowed,  bonds  were  to  be  issued  bearing  the  authorized  rate  of 
interest,  and  for  the  excess  of  interest,  orders  on  the  treasury  were  to  be 
issued,  payable  at  the  same  time  as  the  legal  interest.  The  bonds  were 
regularly  issued,  bearing  eight  per  cent,  interest,  and  sold  at  par,  and  the 
money  was  received  and  used  as  authorized.  For  the  excess  of  interest, 
orders  on  the  treasury  were  at  the  same  time  issued  and  delivered  to  the 
purchaser,  as  agreed  to  by  the  parties,  but  were  never  presented  for  payment, 
and  after  their  maturity,'  he  offered  to  return  them  for  cancellation:  Held, 
that  this  agreement  to  pay  excess  of  interest  is  void,  and,  having  never  been 
executed  in  whole  or  in  part,  will  not  avoid  a  recovery  on  the  bonds.  35 
O.    S.,   519. 

Certain  bonds  were  issued  by  a  board  of  education;  they  were  afterwards 
redeemed  before  maturity,  arid  placed  in  the  hands  of  the  treasurer  for  de- 
struction. The  treasurer  failed  to  destroy  them,  but  fraudulently  used  them 
as  collateral  security  for  an  individual  loan  by  an  innocent  third  person: 
Held,  that  the  board  was  not  liable  for  the  payment  of  the  same.     41  O.  S.,  504. 


Advertisement 
of    sale. 


SALE  OF  PUBLIC  BONDS. 

Section  2294.  All  bonds  issued  by  boards  of  c8unty  com- 
nnssioners.  boards  of  education,  or  commissioners  of  free  turn- 
pikes,   shall   be   sold   to   the    highest   bidder   after   being   advertised 


SCIOOL    HOL'SES    AND    LIBRARIES.  83 

three  time-,  weekly,  in  a  newspaper  having  general  circulation 
in  the  county  where  the  bonds  are  issued,  and,  if,  the^amount  of 
bonds  to  be  sold  exceeds  twenty  thousand  dollars,  in  an  addi- 
tional newspaper  having  general  circulation  in  the  state,"  three- 
times,  weekly.  The  advertisement  shall  state  the  total  amount  of 
bonds  to  be  sold,  the  amount  of  each  bond,  how  long  they  are 
to  run,  the  rate  of  interest  to  be  paid  thereon,  whether  annually 
or  semi-annrally,  the  law  or  section  of  law  authorizing  the  issue^ 
the  dav,  hour  and  place  in  the  county  where  they  are  to  be  sold. 
(80  v/68  §  1.) 

Section    2295.     None   of   such   bonds    shall   be    sold    for    less    uow  solcT; 
tb.an    the    face   thereof,   with    any    interest   that   may   have   accrued     when  bids  rc- 
thcreon,  and  the  privilege  shall  be  reserved  of  rejection  of  any  or    J^cted. 
all  bids.     If  bids  are  rejected  the  bonds  shall  again  be  advertised. 
All    moneys    from    both    principal    and    premiums    on    the    sale    of 
such    bonds,    shall   be    credited    to   the    fund   on    account    of    which 
the  bonds  are  issued  and  sold.      (80  v.  6S  §   1^) 

Section  7629.  The  board  of  education  of  any  school  issue  of  bonds 
district  may  issue  bonds  to  obtain  or  improve  public  school  ■  education^  °^ 
property,  and  in  anticipation  of  income  from  taxes,  for  such 
purposes,  levied  or  to  be  levied,  from  time  to  time,  as  occa- 
sion requires,  may  issue  and  sell  bonds,  under  the  restrictions 
and  bearing  a  rate  of  interest  specified  in  sections  seventy- 
six  hundred  and  twenty-six  and  seventy-six  hundred  and 
twenty-seven.  The  board  shall  pay  such  bonds  and  the  in- 
terest thereon  when  due,  but  provide  that  no  greater  amount 
of  bonds  be  issued  in  any  year  than  would  equal  the  aggre- 
gate of  a  tax  at  the  rate  of  two  mills,  for  the  year  next  pre- 
ceding such  issue.  The  order  to  issue  bonds  shall  be  made 
cr.ly  at  a  regular  meeting  of  the  board  and  by  a  vote  of  two- 
thirds  of  its  full  membership,  taken  by  yeas  and  nays'  and 
entered  upon  its  journal.      (R.   S.  Sec.  3994.) 

Section  7630.  In  no  case  shall  a  board  of  education  i^-^^^  of 
issue  bonds  under  the  provisions  of  the  next  preceding  sec-  issue. 
tion  in  a  greater  amount  than  can  be  provided  for  and  paid 
with  the  tax  levy  authorized  by  sections  seventy-five  hundred 
and  ninety-one  and  seventy-five  hundred  and  ninety-two, 
and  paid  within  forty  years  after  the  issue  on  the  basis  of  the 
tax  valuation  at  the  time  of  issue.      (R.  S.  Sec.  3994.) 

See   act    referred   to  under    Sec.   7628. 

An  injunction  would  lie  against  a  board  of  education  which  sought  to 
issue  bonds  in  excess  of  this  authority,  but  only  as  to  such  excess,  and  not  to 
the    whole.      47    Mich.,   226;     43    la.,    48. 

LIBRARIES. 

Section  7631.  The  board  of  education  of  any  city,  Establishment 
village,  township,  or  special  school  district,  by  resoltition.  of  public 
may  provide  for  the  establishment,  control  and  maintenance, 
in  such  district,  of  a  public  library,  free  to  all  the  inhabitants 
thereof.  For  that  purpose,  by  purchase,  it  may  acquire  the 
necessary  real  property,  and  erect  thereon  a  library  building  ; 
acquire,  by  purchase  or  otherwise,  from  any  other  library 
association,  its  library  property,;  receive  donations  and  be- 
quests of  money  or  property  for  such  library  purposes,  and 
maintain  and  support  libraries  now  in  existence  and  con- 
trolled by  the  board.      (98  v.  244  §1.) 


library. 


•84 


SCHOOL    HOUSES    AND    LIBRARIES. 


Taxation. 


"Libraries 
jointly  owned, 
by    two    or 
more  school 
■districts. 


*Board  of  trus- 
tees, appoint- 
ment,   term. 


Management 
and  control 
of    library. 


■Library  trus- 
tees,  number 
and   eligi- 
tsility    of. 


Powers   of 
Aboard. 


Section  7632.  Such  board  of  education  annually  may 
make  a  levy  upon  the  taxable  property  of  such  school  dis- 
trict, in  addition  to  all  other  taxes  allowed  by  law,  of  not 
to  exceed  one  mill  for  a  library  fund,  to  be  expended  by  the 
board,  for  the  establishment,  support  and  maintenance  of 
•juch  pubhc  library.     (98  v.  244  §1.) 

Section  7633.  But  when  a  donation  or  bequest  of 
money  or  property  has  been  or  is  made  to  two  or  more 
school  districts  jointly,  or  jointly  and  severally  for  the  pur- 
pose of  establishing  and  maintaining  such  public  library,  and 
the  money  so  donated  has  been  or  may  be  expended  in  the 
purchase  of  a  site  and  the  erection  of  a  library. building 
thereon,  the  provisions  of  this  subdivision  shall  apply.  In 
such  case  the  beard  of  education  of  each  of  the  districts 
annually  may  levy  not  exceeding  one  mill,  in  addition  to  all 
other  taxes  allowed  by  law,  upon  the  taxable  property  of  such 
school  districts  for  the  establi^hn1ent,  support  and  mainte- 
nance of  such  public  library,  and  the  library  building  may  be 
located  at  a  convenient  place  in  either  district.  (08  v. 
244  §  I.) 

.Section  7634.  The  control  of  such  building  and  li- 
brary and  the  expenditure  of  all  moneys  for  the  purchase  of 
books  and  other  purposes  and  the  administration  of  tie  li- 
brary shall  be  vested  in  a  board  of  sic  trustees,  three  to  be 
appointed  by  each  of  the  boards  of  education  for  the  term 
of  five  years.  They  must  serve  without  compensation,  and 
until  their  successors  are  appointed.  In  case  of  vacancy 
in  the  board,  from  refusal  to  serve,  resignation  or  other- 
wise it  shall  be  filled  by  the  boards  of  education  of  such 
district,  for  the  unexpired  term.     (ijS  v.  244  §1.) 

State  library  commissioners  to  give  advic?  and  atten'ion  to  free  p  ililic 
library    officers;     see    Sec.   793. 

Section  7635.  The  board  of  elucation  may  prcnide 
for  the  management  and  control  of  such  Hbrary  by  a  board 
of  trusteees  to  be  elected  by  it  as  herein  provided.  (R.  S. 
Sec.  3998-2.) 

Section  7636.  Such  board  of  library  trustees  shall 
consist  of  seven  members,  who  must  be  residents  of  the 
school  district.  No  one  shall  be  eligible  to  membership  on 
such  library  board  who  is  or  has  been  for  a  year  previous 
to  his  election,  a  member  or  officer  of  the  board  of  education. 
The  term  of  office  shall  be  seven  years,  except  that  at  the  first 
election  the  terms  must  be  such  that  one  member  retires  each 
year.  Should  a  vacancy  occur  in  the  board,  it  shall  be  filled 
by  the  board  of  education  for  the  unexpired  term.  The 
members  of  the  library  board  must  serve  without  compensa- 
tion and  until  their  successors  are  elected  and  qualified.  (R. 
S.  Sec  3998-2.) 

Section  7637.  In  its  own  name,  such  library  board 
shall  hold  the  title  to  and  have  the  custody,  and  control  of  all 
libraries,  branches,  stations,  reading  rooms,  of  all  library 
property,  real  and  personal,  of  such  school  district,  and  of 


SCHOOL    HOUSES    AND    LIBRARIES. 


85 


the  expennitiire  of  all  moneys  collected  or  received  from  any 
source  for  library  purposes  for  such  district.  It  may  employ 
a  librarian  and  assistants,  but  previous  to  such  employment 
their  compensation  shall  be  fixed.     (R.  S.  Sec.  3998-2.) 

Section  yOs^.  By  a  two-thirds  vote  of  its  members 
such  library  l.'O.ird  may  purchase  or  lease  grounds  and  build- 
ings, and  erect  buildings  for  library  purposes.  It  also  may 
appropriate  land  for  library  purposes  if  the  owner  and  the 
board  cannot  agree  upon  terrrs,  and  dispose  of  land  when, 
in  its  opinion,  it  is  no  longer  needed  for  library  purposes. 
Conveyances  made  by  the  board  shall  be  executed  in  its  name 
by  its  president  and  secretary.  It  may  accept  any  gift,  de- 
vise or  bequest  for  the  benefit  of  such  library.  No  mem- 
ber of  the  library  board  shall  be  interested,  directly  or  in- 
directly, in  any  contract  made  by  the  board.  It  shall  report 
annually  in  v.riting  to  the  board  of  education.  (R.  S.  Sec. 
3998-2.) 

Section  7639.  Such  board  of  library  trustees  annually, 
during  tho  month  of  May,  shall  certify  to  the  board  of 
education  the  amount  of  money  needed  for  increasing,  main- 
taining and  operating  the  library  during  the  ensuing  year  in 
addition  to  the  funds  available  therefor  from  other  sources. 
The  board  of  education  annually  shall  levy  on  each  dollar  of 
taxable  property  within  such  school  district,  in  addition  t(^ 
all  other  levies  authorized  by  law,  such  assessment  not  ex- 
ceedin;(  one  mill,  as  shall  be  necessary  to  realize  the  sum  so 
certified,  which  must  be  placed  on  the  tax  duplicate  and  col- 
lected as  other  taxes.     (96  v.  9  §  4.) 

SiXTiON  ^640.  The  proceeds  of  such  tax  will  consti- 
tute a  fund  to  be  known  and  designated  as  the  library  fund. 
Payments  therefrom  shall  be  made  only  upon  the  warrant  of 
the  library  board  of  trustees,  signed  by  the  president  and 
secretary  thereof.     (96  v.  9  §  4.) 

Section  7641.  The  board  of  education  in  any  city, 
village,  tow^nship  or  special  school  district  may  contract  annu- 
ally with  any  library  corporation  or  other  organization  own- 
ing and  maintaining  a  library  or  with  any  board  of  trustees 
appointed  by  authority  of  law,  having  the  management  and 
control  of  a  libraiy,  for  the  use  of  such  library  by  the  resi- 
dents of  such  district  and  it  annually  may  levy  a  tax  not  ex- 
ceeding one  mill  on  the  taxable  property  of  such  district  to 
pay  therefor.  Sudi  board  of  education  shall  require  an 
annual  report  in  writing  from  such  library  corporation  or 
other  organization  or  board  of  trustees.  (As  amended  May 
10,  1910.) 

Section  7642.  The  board  of  education  of  any  school 
district  of  the  state,  in  which  there  is  not  a  public  library 
operated  under  public  authority  and  free  to  all  the  residents 
of  such  district  annually  may  appropriate  not  to  exceed  two 
hundred  and  fifty  dollars  from  its  contingent  fund  for  the 


May    acquire 
land. 


Library    fund;. 
how    provided 
and  main- 
tained. 


Payments 
from    libranr 
fund. 


Board  of 
education 
may   contract 
with    library 
association  for 
use   of   library,. 


School 

IJbrarv. 


S6  SCHOOL    HOUSES    AND    LIBRARIES. 

purchase  of  books,  other  than  school  books,  for  the  use  and 
improvement  of  the  teachers  and  pupils  of  such  school  dis- 
trict. The  books  so  purchased  shall  constitute  a  school  libra- 
ry, the  control  and  management  of  which  shall  be  vested  in 
the  board  of  education,  which  may  receive  donations  and  be- 
quests of  money  or  property  therefor.     (96  v.  9  §  6.) 

^i^,5Puni  Secti>n  7643.     The  board  of  education  of  any  school 

district,  or  board  of  trustees  managing  and  controlling  a  li- 
1)rary  in  any  school  district,  may  found  and  maintain  a 
museum  in  connection  with  and  as  an  adjunct  to  such  li- 
brary, and  for  such  purpose  may  receive  bequests  and  do- 
nations of  money -or  other  property.      (96  v.  9  §  7.) 


CHAPTER  3. 


SCHOOLS  AxND  ATTENDANCE. 


Section 

7644.  Elementary  schools;    minimum  and  max- 

imum school  weeks. 

7645.  Graded  course  of  study. 

7646.  One   school  to  be  in  each  subdistrict. 
7G47.     Normal   school. 

7C48.     Elementary  school  defined. 

7649.  High    scliool   defined. 

7650.  College   defined. 

7651.  High   schools   classified. 

7652.  ^First  grade. 
765:^.     .Second  grade. 

7654.  Third  grade. 

7655.  Elementary  grade. 

7656.  Diploma  to  be  given  to  graduates. 

7657.  Certificate  as  to  grade  of  school. 

766S.     Admission     to     professional     school;      ex- 
ception. 

7659.  Who  eligible  to  take  examination  for  ad- 

mission to  bar  or  to  enter  professional 
school;    exception. 

7660.  Information     as     to     character     of     high 

school. 

7661.  Certificate  as  to   grade   of   school;     with- 

holding approval. 

7662.  Penalty  for  failure  to  give  information. 

7663.  Any    board    of    education    may    establish 

high    school. 

7664.  Discontinuance   thereof. 

7665.  Management     and     control     of     township 

high  schools. 

7666.  School  houses. 

7667.  Admission   of  pupils. 

7668.  Estimate  of  funds  needed. 

7669.  Union    of    districts   for   high    school    pur- 

poses. 

7670.  High-school  committee. 

7671.  Funds,  how  provided. 

7672.  Tax  levy,  five  mills. 

7673.  Tax  levy,  for   support  of  municipal   uni- 

versity. 

7674.  Admission   of  high   school  graduates. 

7675.  Disposition   of  funds. 

7676.  Schools    at     children's    homes,     orphans' 

asylums   and  infirmaries. 

7677.  Management   of  such   schools. 

7678.  Costs. 

7679.  Evening  schools. 

7680.  Attendance  by  person  more  than  twenty- 

one  years  old. 

7681.  Who  may  be  admitted  to  school  free. 

7682.  Non-resident   pupils. 

7683.  Crediting  of  school  tax  on  tuition. 

7684.  Assignment  of  pupils.  ^  _  j 

7685.  Suspension  and  expulsion  of  pupils.  | 

7686.  Vaccination   of  pupils.  _  j 

7687.  Dismissal   of   school  on  holidays. 

7688.  Arbor   day.  i 

7689.  School  year,  month,  and  week. 

7690.  Control   of   schools   vested   in  boards. 

7691.  Terms.  : 

7692.  Medical  inspection. 

7693.  Compensation. 

7694.  Director    of    schools.  ; 

7695.  Powers.  \ 

7696.  Duties.  | 

7697.  Compensation.  I 

7698.  May  suspend  or  remove   director.  I 

7699.  .-\ppointees;     clerk's   duty.  [ 

7700.  Resignations. 

7701.  Dismissals. 

7702.  Superintendent  of  city  school  district. 

7703.  Powers  and   duties.  , 

7704.  "Service  fund."  i 

7705.  Superintendent    of    village,    township,    or    ' 

special   school   district. 


Section 

77>  6.    Powers  and  duties. 

77C7.     General   duties   of  teachers. 

7708.  Teachers  dismissed  for  insufficient  cause. 

7709.  Filing    and    preservation    of    copies    and 

prices  of  school  books. 

7710.  ^laximum     price;      notification     of     pub- 

lisher. 

7711.  Notices  to  boards. 

7712.  Violation  of  agreement  by  publisher. 
7613.     Text   books,   how   determined;     five   year 

term. 

7714.  Text  books,  of  whom  ordered. 

7715.  Board  of  education,  power  and  duties  of* 

7716.  Old  books,. purchase  of. 

7717.  Appropriation. 

7718.  Sales  agents,  who  may  not  be. 

7719.  Purchase    of    Howe's    Historical    Collec- 

tions of  Ohio. 

7720.  Care    and   preservation   of  books. 

7721.  Physical   culture  in   schools. 

7722.  Powers    of    board    of    education,    as    to 

manual   training,   etc. 

7723.  Instruction     as     to     eflfect     of     alcoholic 

drinks  on  the  human  system. 

7724.  Provision    therefor. 

7725.  Instruction    of  teachers. 

7726.  Examination  of  teachers  required. 

7727.  Duty      of      commissioner      of      common 

schools. 

7728.  Forfeiture    for    failure    to    give    instruc- 

tion. 

7729.  When   German  language  may   be  taught. 

7730.  Suspension     of    schools    in     subdistricts; 

conveyance  of  pupils. 

7731.  Centralization,  notice   required. 

7732.  Conveyance  of  pupils  in  special  districts. 

7733.  Conveyance  of  pupils  in  village  districts. 

7734.  Pupils  may  be  sent  from  one  district  to 

another. 

7735.  Attendance  at  nearest  school. 

7736.  Expense  per   capita. 

7737.  Not    to   apply   when    schools   are    central- 

ized. 

7738.  Sufficient    school    accommodations    to    be 

provided. 

7739.  Free  school  books. 

7740.  Examination  for  entering  high  school. 

7741.  Preparation   of  questions. 

7742.  Township    commencement. 

7743.  Who  to  take  part  in  commencement. 

7744.  County    commencement;     diploma. 

7745.  Compensation    of    county    examiner    and 

clerk. 

7746.  Expense    of    commencement. 

7747.  Diplomas,  effect  of,  as  to  tuition. 

7748.  Third   grade  high   school,   duty  of  board 

to  graduates. 

7749.  Transportation  to  high  school. 

7750.  Agreement,   effect   of,   as  to  tuition. 

7751.  Tuition,  how  paid. 

7752.  What  shall  constitute  a  high  school. 

7753.  Inspectors,  appointment  and  duties  o.f. 

7754.  Field  agents,  report  of. 

SCHOOLS  FOR  THE  DEAF. 

7755.  Establishment   of  schools    for  the  educa- 

tion of  the  deaf. 

7756.  Report  to  state  commissioner  of  schools. 

7757.  How  expense  of  school  defrayed. 

7758.  Payment  of   expenses. 

7759.  Appointment  and  qualifications  of  teach- 

ers. 

7760.  Who  shall  be  considered  as  deaf. 

7761.  Inspection   of  schools  for  deaf. 


Section  7644.     Each  board  of  education  shall  establish  fJSs;'^'^ 

a  sufficient  number  of  elementary  schools  to  pnovide  for  the  minimum  and 

free  education  of  the  youth  of  school  age  within  the  district  SoT^weeks. 

87 


S8 


SCHOOLS    AND    ATTENDANCE. 


under  its  control,  at  such  places  as  will  be  most  convenient 
for  the  attendance  of  the  largest  number  thereof.  Fivory 
elementary  day  school  so  established  shall  continue  not  less 
than  thirty-two  nor  more  than  forty  weeks  in  each  school 
year.  All  the  elementary  schools  within  the  same  school 
district  shall  be  so  continued.     (R.  S.  Sec.  4007.) 

Section  7644-1.  The  board  of  education  in  any  city 
school  district  may  establish  such  special  elementary  schcjols 
as  it  deems  necessary  for  youth  of  school  age  who  arc  af- 
flicted with  tuberculosis,  and  may  cause  all  youth,  within 
such  district,  so  afflicted,  to  be  excluded  from  the  regular 
elementary  schools,  and  may  provide  for  and  pay  from  the 
school  funds,  the  expense  of  transportation  of  such  youth  to 
and  from  such  si:)ecial  schools.     (Passed   May   10,   1910.) 


Graded    course 
of   study. 


Section  yOi]^.  Boards  of  education  are  required  to 
prescribe  a  graded  course  of  study  for  all  schools  under  tiieir 
control  in  the  branches  named  in  section  seventy-six  hundred 
and  forty-eight,  subject  to  the  approval  of  the  state  com- 
missioner of  common  schools.     (R.  S.  Sec.  4007.) 


Neglect  to  SECTION    12900.     Whoever,    being    a    principal    or    person    in 

instruct  pupils  charge  of  a  public  or  private  school  or  educational  institution 
in  fire  drills.  having  an  average  daily  attendance  of  fifty  or  more  pupils,  wil- 
fully neglects  to  instruct  and  train  such  pupils  by  means  of  drills 
or  rapid  dismissals  at  least  orxe  a  month  while  such  school  or 
institution  is  in  session,  si  that  such  pupils,  in  a  sudden  emer- 
gency may  leave  the  school  building  in  the  shortest  possible  time 
and  without  confusion,  or  v/ilfully  neglects  to  keep  the  doors  and 
exits  of  such  building  unlocAcJ  during  school  hours,  shall  be  fined 
not  less  than  five  dollars  nor  more  than  twentv  dollars  for 
each   offense.      (99   v.  231   §§   1,  2.) 


Same    as    to 
dangers   of 
fire. 


Dnty   of  state 
fire    marshal. 


Section  12901.  Whoever,  being  a  teacher  or  instructor  in 
a  public,  private  or  parochial  school,  wilfully  neglects  to  devote 
less  than  thirty  minutes  in  each  month  during  which  such  school 
is  in  session  to  instructing  the  pupils  thereof  between  the  ages  of 
six  and  fourteen  years,  as  to  dangers  of  fire,  shall  be  fined  not 
less  than  five  dollars  nor  mere  than  twenty  dollars.  (99  v.  231 
§§  1,  2.) 

Section  12902.  The  state  fire  marshal  shall  prepare  a  book 
for  the  purpose  of  the  instruction  of  pupils  provided  in  the  next 
two  preceding  sections.  Such  book  shall  be  conveniently  arranged 
in  a  sufficient  num.ber  of  chapters  or  lessons  to  provide  a  different 
one  thereof  for  each  week  of  the  maximum  school  year.  One  of 
such  chapters  or  lessons  shall  be  read  each  week  Jjy  the  teacher 
in  such  school.     (99  v.  231  §  1.) 


Duty  of   school                SECTION     12903..     Such     books     shall     be     published     at  the     ex- 
commissioner,      pense  of  the  state  under  the  direction  of  the  state  school  commis- 
sioner, who  shall  furnish  a  copy  thereof  to  each  teacher  required 
to  give  such  instruction.      (99  v.  231   §   1.) 

Excepiions  SECTION    12904.     The   next    four   precedi'^f?    sections    shall   not 

to  same.  apply  to  colleges  and  universities.     (99  v.  232  §  4.) 


^fanual    to 
be  issued. 


Section  12905.  The  members  of  the  boards  of  _  education, 
school  directors,  trustees  or  other  body  of  persons  having  control 
of  the  schools  of  a  township,  village  or  city  shall  cause  a  copy 
of  the  next  five  preceding  sections  to  be  printed  in  the  manual 
or  handbook  prepared  for  the  euidance  of  teachers,  where  such 
manurl  is  in  use.     (00  v.  232  §  3.) 


SCHOOLS    AND    ATTENDANCE. 


89 


Section    7646.     Each    township    board    of    education    One  school  to 
shall  establish  and  maintain  at  least  one  elementary  school    subcHsirfct! 
in  each  subdistrict  under  its  control,  unless  .transportation 
is  furnished  to  the  pupils  thereof  as  provided  by  law.     (R. 
S.  Sec.  4007.) 

Change  of  boundaries  and  suspension  of  schools  in  sub-districts,  con- 
veyance of  pupils;     see  Sees.  7730-7732. 

In  determining  the  question  as  to  how  mny  schools  are  necessary  in  the 
districts,  either  of  townships,  villages,  or  cities,  three  things  ■  should  be  con- 
sidered: 1.  Convenience  of  access.  2.  Economy  in  expenditure.  3.  A  propcr 
giading    and    classification    of    the    pupils,    in    cases    where    grading    is    possible. 

There  is  no  reason  why  two  or  more  school  houses  or  two  or  more  school 
rooms  may   not  be   provided   in    a   sub-district.  • 

Section    7647.     The    board    of  education  in  any  city    Normal 
school  district  may  establish  and  maintain  a  normal  school    school, 
within   its   district,   and  also   establish   and   maintain   such 
summer    or    vacation    schools,    school  gardening  and  play 
grounds  as  to  it  seems  desirable.     (R.  S.  Sec  4007.) 

Section  7648.  An  elem.entary  school  is  one  in  which  Elementary 
instruction  and  training  are  given  in  spelling,  reading,  writ-  f^°^^  ^^' 
ing,  arithmetic,  English  language,  English  grammar  and 
composition,  geography,  history  of  the  United  States,  includ- 
ing civil  government,  physiology  and  hygiene.  Nothing 
herein  shall  abridge  the  power  of  boards  of  education  to 
cause  instruction  and  training  to  be  given  in  vocal  music, 
drawing,  elementary  algebra,  the  elements  of  agriculture 
and  other  branches  which  they  deem  advisable  for  the  best 
interests  of  the  schools  under  their  charge.  (R.  S.  Sec. 
4007-1.) 


Iligli    school 
defined. 


Section  7649.  A  high  school  is  one  of  higher  grade 
than  an  elementary  school,  in  which  instruction  and  train- 
ing are  given  in  approved  courses  in  the  history  of  the 
United  States  and  other  countries ;  composition,  rhetoric. 
English  and  American  literature ;  algebra  and  geometry ; 
natural  science,  political  or  mental  science,  ancient  or  mod- 
ern foreign  langauages,  or  both,  commercial  and  industrial 
branches,  or  such  of  the  branches  named  as  the  length  of 
its  curriculum  makes  possible.  Also  such  other  branches 
of  higher  grade  than  those  to  be  taught  in  the  elementary 
schools,  with  such  advanced  studies  and  advanced  reviews 
of  the  common  branches  as  the  board  of  education  directs. 
(R.  S.  Sec.  4007-2.) 

Section  7650.  A  college  is  a  school  of  a  higher  grade  College 
than  a  high  school,  in  which  instruction  in  the  high  school  ^-^^^d- 
branches  is  carried  beyond  the  scope  of  the  high  school  and 
other  advanced  studies  are  pursued,  or  a  school  in  which 
special,  technical  or  professional  studies  are  pursued,  and 
which,  when  legally  organized,  may  have  the  right  to  con- 
fer degrees  in  agreement  with  the  terms  of  the  law  regula- 
ting its  practices  or  its  charter ;  or  in  the  absence  of  legisla- 
tive direction,  in  agreement  with  the  practices  of  the  better 
institutions  of  learning  of  their  respective  kinds  in  the 
United  States.     (R.  S.  Sec.  4007-3.) 


•90 


SCHOOLS    AND    ATTENDANCE. 


High    schools 
classified.    . 


■"irst     grade. 


Second    grade. 


Third    grade. 


Elementary 
grade. 


Diploma  to 
be  given  to 
•graduates. 


'Certificate   as 
to    grade    of 
■school. 


Admission   to 
professional 
school ;     ex- 
<ception. 


Section  7651.  The  high  schools  of  the  state  shall 'be 
classified  into  schools  of  the  first,  second,  and  third  grades. 
All  courses  of  study  offered  in  such  schools  shall  be  in 
branches  enurnerated  in  section  seventy-six  hundred  and 
forty-nine.     (R.  S.  Sec.  4007-4.) 

Section  7652.  A  high  school  of  the  first  grade  shall 
be  a  school  in  which  the  courses  offered  cover  a  period  of 
not  less  than  four  years,  of  not  less  than  thirty-two  weeks 
each,  in  which  not  less  than  sixteen  courses  are  required  for 
graduation.     (R..S.  Sec.  4007-4.) 

Section  7653.  A  high  school  of  the  second  grade 
shall  cover  a  period  of  not  less  than  three  years,  of  not 
less  than  thirty-two  weeks  each,  in  which  not  less  than 
twelve  courses  of  study  are  required  for  graduation.  (R. 
S.  Sec.  4007-4.) 

Section  7654.  A  high  school  of  the  third  grade  shall 
cover  a  period  of  not  less  than  two  years,  of  not  less  than 
twenty-eight  weeks  each,  in  which  not  less  than  eight 
courses  of  study  are  required  for  graduation.  (R.  S.  Sec. 
4007-4.) 

Section.  7655.  Public  schools  of  a  less  grade  shall 
be  denominated  as  elementary  schools.  A  course  of  study 
shall  consist  of  not  less  than  four  recitations  a  week  con- 
tinued throughout  the  school  year.     (R.   S.   Sec.  4007-4.) 

Section  7656.  A  diploma  must  be  granted  by  the 
board  of  education  to  any  one  completing  the  curriculum 
in  any  high  school,  which  diploma  shall  state  the  grade  of 
the  high  school  issuing  it  as  certified  by  the  state  commis- 
sioner of  common  schools,  be  signed  by  the  president  and 
clerk  of  the  board  of  education,  the  superintendent  and  the 
principal  of  the  high  school,  if  such  there  be,  and  shall  bear 
the  date  of  its  issue.      (R.   S.   Sec.  4007-5.) 

"^  Section  7657.  A  certificate  shall  also  be  issued  to  the 
holder  of  each  diploma  in  which  shall  be  stated  the  grade  of 
the  high  school,  the  names  and  extent  of  the  studies  pursued 
and  the  length  of  time  given  to  each  study  to  be  certified 
to  in  the  same  manner  as  set  forth  for  a  diploma.  (R.  S. 
Sec.  4007-50 

vSection  7658.  A  holder  of  a  /Hploma  from  a  high 
school  of  the  first  grade  shall  be  entitled  to  a  certificate  of 
admission  without  examination  to  any  college  of  law,  medi- 
cine, dentistry,  or  pharmacy  in  this  state,  when  the  holder 
thereof  has  completed  such  courses  in  science  and  language 
as  are  prescribed  by  the  legally  constituted  authorities  regu- 
lating the  entrance  requirements  of  such  college;  except  such 
institutions  privately  endowed  which  may  require  a  higher 
standard  for  entrance  examinations  than  herein  is  provided. 
(R.  S.  Sec.  4007-5.) 


SCHOOLS    AND    ATTENDANCE. 


91 


Who    eligible 
to   take   exami- 
nation   for   ad- 
mission   to    liar 
or    to    enter 
professional 
school;    ex- 
ception. 


Information 
as   to    chnrrr^-^r 
of^high    scl.ool. 


Certificate    as 
to    grade    of 
school;    with- 
holding   ap- 
proval. 


Section  7659.  A  holder  of  a  diploma  from  any  grade 
of  high  school  or  of  a  teacher's  certificate  from  a  county  or 
city  board  of  teacher's  examiners,  when  he  has  pursued  his 
studies  under  private  tutorage  or  in  an  office,  shall  be  eligi- 
ble to  take  the  examination  for  admission  to  the  practice  of 
law  or  to  take  the  examination  prescribed  to  enter  a  college 
of  law,  medicine,  dentistry  or  pharmacy ;  except  such  insti- 
tutions privately  endowed,  which  may  require  a  higher 
standard  for  entrance  examinations  than  herein  is  provided. 
(R.  S.  Sec.  4007-5.) 

Section  7660.  The  clerk  of  the  board  of  education  of 
each  district  in  which  a  high  school  is  established  and  main- 
tained shall  furnish  to  the  state  commissioner  of  common 
schools  definite  and  accurate  information  concerning  the 
length  of  time  necessary  for  the  completion  of  the  high 
school  curriculum  or  curriculums,  the  courses  of  instruction 
offered  therein,  and  such  other  information  as  the  com- 
missioner requires  in  relation  to  the  high  school  work  of 
the  district,  and  in  the  form  and  manner  he  prescribes. 
Such  information  shall  be  filed  when  high  schools  are  estab- 
lished or  any  changes  made  in  curriculums.  (R.  S.  Sec. 
4007-6. ) 

Section  7661.  Upon  examination  of  the  information 
thus  filed,  or  after  personal  inspection  of  work  done  if  he 
deems  this  advisable,  or  both,  the  state  commissioner  of  com- 
mon schools,  shall  determine*  the  grade  of  each  such  high 
school  and,  under  the  seal  of  his  office,  certify  to  the  clerk 
of  the  board  of  education  his  finding  as  to  the  grade  of  the 
high  school  maintained  by  such  board.  But  he  may  with- 
hold his  approval  of  any  curriculum,  when  it  appears  to 
him  that  it  does  not  comply  with  legal  and  reasonable 
requirements.  When  it  appears  that  any  curriculum,  al- 
ready approved,  has  been  so  modified  as  to  change  the  grade 
of  the  high  school,  either  by  advancing  or  reducing  its  grade, 
he  shall  certify  his  finding  and  all  diplomas  issued  there- 
after shall  bear  the  grade  so  designated  by  him.  (R.  S. 
Sec.  4007-6.) 

Section  7662.  No  school  shall  be  considered  a  high 
school  that  has  not  furnished  the  information  and  received 
a  certificate  as  provide(^  above,  nor  be  entitled  to  the  privi- 
leges and  exceptions  provided  by  law  for  high  schools.  (R. 
S.  Sec.  4007-6.) 

Section  7663.     A  board  of  education  may  establish  one   ^^^  ^^^^.^  ^^ 
or  more  high  schools,  whenever  it  deems  the  establishment   education  mny 
of  such  school  or  schools  proper  or  necessary  for  the  con- 
venience or  progress  of  the  pupils  attending  them,  or  for 
the  conduct  and  welfare  of  the  educational  interests  of  the 
district.      (R.  S.  Sec.  4009.) 

This  section  fullv  authorizes  boards  of  education  ^o  '^s'ablish  high  schools 
without  submitting  the  auestion  to  a  vote  of  the  electors  of  the  district, 
unless  it  should  be  found  necessary  to  levy  a  tax  in  excess  of  the  maximum 
allowed  bv  law  and  issue  bonds;  in  which  case  an  election  is  required;  see 
Sec.   7625.' 


Penalty    for 
failure    to    give 
information. 


establish 
high    school. 


92 


SCHOOLS    AND    ATTEXDAXC 


Discontin- 
uance  thereof. 


Management 
and  contro^^ 
of  township 
high    schools. 


School- 
houses. 


Admission 
of    pupils. 


Estimate    of 
funds    needed. 


Union   of  dis- 
tricts   for 
high    school 
purposes. 


Section  7664.  Sxich  school  or  schools,  when  establish- 
ed, shall  not  be  discontinued  under  three  years  from  the 
time  of  their  establishment,  except  by  a  vote  of  three-fourths 
of  all  the  members  of  the  board  of  education  of  the  district, 
at  a  regular  meeting.     (R.  S.  Sec.  4009.) 

A  township  high  school  does  not  pass  to  a  village  incorporated  out  of  the 
territory  including  it  by  reason  of  a  general  saving  clause  in  the  act  of  1873. 
41   O.    S.,  680. 

Change  of  territory  organizing  a  separate  school  district  does  not 
entitle  the  new  district  to  seize  on  property  within  it  that  had  been  set  apart 
by  the  township  board  for  a  higher  school  than  a  primary,  although  this  would 
be  within  the  letter  of  R.  S.,  Sec.  3972,  which  relates  to  the  subject.  46 
O.  S.,  595. 

Section  7665.  When  a  township  board  of  education 
establishes  and  maintains  a  high  school  or  high  schools  with- 
in the  district  under  its  control,  it  shall  have  the  the  manage- 
ment and  control  thereof,  and  may  employ  and  dismiss 
teachers,  and  give  certificates  of  such  employment,  and  for 
services  rendered,  directed  to  the  township  clerk.  (R.  S. 
Sec.  4009-1.). 

Section  y(y(^.  Such  board  of  education  shall  build, 
repair,  add  to  and  burnish  the  necessary  scboolhouses,  pur- 
chase or  lease  sites  therefor,  or  rent  suitable  rooms,  and 
make  all  other  necessary  provisions  relative  to  such  schools 
as  may  be  deemed  proper.     (R.  S.  Sec.  4009-1.) 

Section  7667.  Such  board  of  education  may  regulate 
and  control  the  admission  of  pupils  from  the  elementary 
schools  under  its  charge  to  such  high  school  or  high  schools, 
according  to  age  and  attainments,  may  admit  adults  over 
twenty-one  years  of  age,  and  pupils  from  other  districts  on 
such  terms  and  under  such  rules  as  it  adopts.  It  shall 
maintain  such  high  school  or  high  schools  not  less  than  twen- 
ty-eight nor  more  than  forty  weeks  in  any  school  year.  (R. 
S.  Sec.  4009-1.) 

Section  7668.  Tn  townships  where  a  high  school  or 
high  schools  are,  or  may  be  established,  by  the  township 
board  of  education,  it  annually  shall  determine  by  estimate, 
as  near  as  practicable,  the  entire  amount  of  money  necessary 
to  be  expended  in  the  township  for  school  arid  schoolhouse 
purposes,  including  the  paying  of  teachers  in  such  schools, 
the  prolonging  of  the  terms  of  the  several  elementary  schools 
of  the  township  after  the  state  funds  have  been  exhausted, 
the  erecting,  repairing  and  furnishing  of  school  houses,  and 
any  other  school  purposes  not  exceeding  in  any  one  year 
ten  mills  on  the  dollar  of  the  taxable  property  of  the  town- 
ship, which  amount  shall  be  certified  in  writing  to  the 
countv  auditor,  by  such  township  board,  on  or  before  the 
first  Monday  in, June  of  each  year.     (R.  S.  Sec.  4009^2.) 

Section  7669.  The  boards  of  education  of  two  or 
more  adjoining  township  school  districts,  or  of  a  township 
district  and  of  a  village  or  special  school  district  situated 
partially  or  wholly  within  the  township,  or  of  any  two  or 
more  of  such  school  districts,  by  a  majority  vote  of  the  full 
n^embership  of  each  board,  may  unite  such  districts  for  high 


SCHOOLS    AND    ATTENDANCE. 


93 


school  purposes.  Each  board  also  may  submit  the  question 
of  levying  a  tax  on  the  property  in  their  respective  districts, 
for  the  purpose  of  purchasing  a  site  and  erecting  a  building, 
and  issue  bonds,  as  is  provided  by  law  in  case  of  erecting  or 
repairing  school  houses ;  but  such  question  of  tax  levy  must 
carry  in  each  district  before  it  shall  become  operative  in 
either.  If  such  boards  have  sufficient  money  in  the  treas- 
ury to  purchase  a  site  and  erect  such  building,  or  if  there 
is  a  suitable  building  in  either  district  owned  by  the  board 
of  education  that  can  be  used  for  a  high  school  building  it 
will  not  be  necessary  to  submit  the  proposition  to  vote,  and 
the  boards  may  appropriate  money  from  their  funds  for  this 
purpose.     (99  V.  462  §1.) 

Section  7670.  Any  high  school  so  established  shall  be 
under  the  management  of  a  high  school  committee,  consist- 
ing of  two  members  of  each  of  the  boards  creating  such 
joint  district,  elected  by  a  majority  vote  of  such  boards. 
Their  membership  of  such  committee  shall  be  for  the  same 
term  as  their  terms  on  the  boards  which  they  respectively 
represent.  Such  high  school  shall  be  free  to  all  youth  of 
school  age  within  each  district,  subject  to  the  rules  and 
regulations  adopted  by  the  high  school  committee,  in  regard 
to  the  qualifications  in  scholarship  requisite  for  admission, 
such  rules  and  regulations  to  be  of  uniform  operation 
throughout  each  district.      (99  v.  462  §1.) 

Section  7671.  The  funds  for  the  maintenance  and 
support  of  such  high  school  shall  be  provided  by  appropria- 
tions from  the  tuition  or  contingent  funds,  or  both,  of  each 
district,  in  proportion  to  the  total  valuation  of  property  in 
the  respective  districts,  which  must  be  placed  in  a  separate 
fund  in  the  treasury  of  the  board  of  education  of  the  dis- 
trict in  which  the  school  house  is  located,  and  paid  out  by 
action  of  the  high  school  committee  for  the  maintenance 
of  the  school.     (99  v.  462  §1.) 

Township  board  of  education  may  be  compelled  under  this  section 
by  mandamits  to  appropriate  its  proportionate  share  of  expanse  for  the  main- 
tenance of  such  school  from  the  tuition  or  contingent  fund  provided  by 
such  section;  but  it  can  not  be  compelled  to  make  the  appropriation  from  a 
levy  made  for  the  subsequent  year  unless  it  can  be  done  without  impairing 
the  general  school  fund  or  the  efficiency  of  the  common  schools.  30  O.  C.  C. 
657. 

Section  7672.  Boards  of  education  exercising  control  Tax 
for  the  purpose  of  taxation  over  territory  within  a  town- 
ship or  joint  township  high  school  district  may  levy  upon  all 
the  taxable  property  within  such  territory,  not  exceeding 
five  mills  on  one  dollar  in  any  one  year,  in  addition  to  all 
other  lawful  levies  for  the  maintenance  of  any  township  or 
joint  township  high  school  to  which  such  territory  belongs. 
All  funds  derived  from  levies  so  made  shall  be  kept  sepa- 
rate and  be  paid  out  for  the  maintenance  of  the  school 
for  v/hich  they  were  made.     (99  v.  462  §1.) 

Section  7673.  The  school  board  of  any  village  school 
district  in  which  is  located  a  university  or  college,  organized 
under  the  laws  of  this  state,  as  an  institution  of  learning 


High  school 
committee. 


Funds,    how 
provided. 


levy, 
five   mills. 


Tax    levy    for 
support    of 
municipal 
university. 


n 


SCHOOLS    AND    ATTENDANCE. 


Admission    of 
high  school 
graduates. 


Dispositioii 
of   fnnds. 


Schools    at 
children's 
homes,    or- 
phans'   asy- 
lums   and    in- 
firmaries. 


]\fauagement 
of    such 
scliools. 


Costs. 


not  for  profit,  and  under  the  management  of  a  board  of 
trustees,  may  levy  a  tax  not  exceeding  two  mills  annually, 
in  addition  to  all  lawful  taxes  for  all  other  purposes,  upon 
all  taxable  property  within  such  district  for  the  support  of 
such  university  or  college.      (99  v.  519  §  i.) 

Section  7674.  In  the  event  such  levy  is  made,  all 
holders  of  a  high  school  diploma  obtained  from  such  village 
district  high  school  shall  have  the  right  to  attend  such  uni- 
versity or  college  for  the  period  of  two  years,  free  of  tui- 
tion.    (99  V.  520  §  2.) 

Section  7675.  The  funds  arising  from  such  tax  levy 
shall  be  turned  over  to  the  board  of  trustees  of  such  uni- 
versity or  college  by  the  county  treasurer  to  be  expended 
by  them  in  the  conduct  of  the  university  or  college  and  for 
no  other  purpose.     (99  v.  520  §  3.) 

Section  7676.  The  board  of  any  district  in  which  a 
children's  home  or  orphans'  asylum  is  established  by  law, 
or  in  which  a  county  infirmary  is  established,  when  request- 
ed by  the  board  of  trustees  of  such  children's  home,  orphans' 
asylum  or  the  directors  of  such  infirmary,  shall  establish  a 
separate  school  in  such  home,  asylum  or  infirmary,  so  as  to 
afford  to  the  children  therein,  as  far  as  practicable,  the- 
advantages  and  privileges  of  a  common  school  education. 
Such  schools  at  infirmaries  must  be  continued  in  operation 
each  year  until  the  share  of  all  the  school  funds  of  the  dis- 
trict belonging  to  such  children,  on  the  basis  of  the  enumera- 
tion, is  expended,  and  at  such  homes  and  asylums  not  less 
than  forty-four  weeks.  If  the  distributive  share  of  school 
funds. to  which  the  school  at  such  a  home  or  asylum  is  en- 
titled by  the  enumeration  of  children  in  the  institution  is  not 
sufficient  to  continue  the  schools  for  that  length  of  time,  the 
deficiency  shall  be  paid  out  of. the  funds  of  the  institution. 
(R.  S.  Sec.  4010.) 

Section  ySyy.  All  schools  so  established  in  any  such 
home,  asylum  or  infirmary,  shall  be  under  the  control  and 
management  of  the  respective  boards  of  trustees  or  directors 
of  such  institution,  which  boards  in  such  control  and  man- 
agement so  far  as  practicable,  shall  be  subject  to  the  same 
laws  that  boards  of  education  and  other  school  officers  are 
who  have  charge  of  the  common  schools  of  such  district. 
(R.  S.  Sec.  4010.) 

Section  7678.  In  the  establishment  of  such  schools 
the  commissioners  of  the  county  in  which  such  children's 
home,  orphans'  asylum  or  county  infirmary  is  established, 
shall  provide  the  necessary  school  room  or  rooms,  furniture, 
fuel,  apparatus  and  books,  the  cost  of  which  for  such 
schools  must  be  paid  out  of  the  funds  provided  for  such 
institution.  The  board  of  education  shall  incur  no  expense- 
in  supporting  such  schools.     (R.  S.  Sec.  4010.) 


For   acts    relating   to    children's 
See  also   sections   4083-4  S^. 


see    Sees. 


SCHOOLS    AND    ATTENDANCE. 


95 


Section  7679.  In  any  township,  special,  village,  or 
city  district,  or  part  thereof,  parents  or  guardians  of  youth 
of  school  age  may  petition  the  board  of  education  to  organ- 
ize an  evening  school.  The  petition  must  contain  the  names 
of  not  less  than  twenty-five  youth  of  school  age  who  will 
attend  such  school,  and  who  for  reasons  satisfactory  to  the 
board  are  prevented  from  attending  day  school.  Upon  re- 
ceiving such  petition  the  board  of  education  shall  furnish 
a  suitable  room  for  the  evening  school  and  employ  a  compe- 
tent person  who  holds  a  regularly  issued  teacher's  certificate, 
to  teach  it.  Such  board  may  discontinue  any  such  evening 
scliool,  vvhen  the  average  evening  attendance  for  any  month 
fails  belcw^  tw-elve.     (R.  S.  Sec.  4012.) 


Evening 
schools. 


Skction  7680  Any  person  more  than  twenty-one 
years  old  may  be  permitted  to  attend  evening  school  upon 
such  terms  and  upon  payment  of  such  tuition  as  the  board 
of  education  prescribes.     (R.  S.  Sec.  4012a.) 

Section  7681.  The  schools  of  each  district  shall  be 
free  to  all  youth  between  six  and  twenty-one  years  of  age, 
who  are  childrei\,  wards,  or  apprentices  of  actual  residents 
of  the  district,  including  children  of  proper  age  who  are 
inmates  of  a  county  or  district  children's  home  located  in 
such  a  school  district,  at  the  discretion  of  its  board  of 
education.  But  all  youth  of  school  age  living  aparc  from 
their  parents  or  guardians  and  who  work  to  support  them- 
selves by  their  own  labor,  shall  be  entitled  to  attend  school 
free  in  the  district  in  which  they  are  employed.  (,R.  S. 
Sec.  40T3O 

Attending  school   in  other  districts  if  nearer;     see  sections  7734^  7735. 

The  children  inmates  of  the  German  Protestant  Asylum  of  Cincinnati, 
are  not  "children,  wards,  or  apprentices  of  ac'.ual  residents"  in  the  school 
district  within  which  said  asylum  is  located,  and  therefore,  under  the  act  ot 
Feb.  21.  1849,  are  not  entitled  to  gratuitous  admission  to  the  privileges  of  the 
public   schools  of   said  district.     10   O.   S.,   448. 

No  regulation  can  be  made  under  this  section  that  does  not  apply  to 
all  children,  irrespective  of  race  or  color.     45  O.   S.,  555. 

Under  this  section  persons  under  twenty-one  years  of  age,  though  mar- 
ried, are  entitled  to  all  the  privileges  of  the  schools  of  the  district  in  which 
they  reside,  notwithstanding  they  have  not  been  enumerated  in  the  school 
census,   and  in  consequence  can   draw  no  part  of  the  state  school   fund. 

That  portion  of  the  above  section  relating  to  children  living  apart  from 
their  parents  or  guardians,  who  support  themselves  by  their  own  labor,  does 
not  apply  where  a  child  moves  into  a  district  in  which  his  parents  do  not  live, 
with  the  express  purpose  of  attending  school,  and  incidentally  works  for  his 
board   and   lodging;     in   such   cases   tuition    can   be   charged. 

Section  1290G.  Whoever,  being  a  pupil  in  the  public  schools, 
organizes,  joins  or  belongs  to  a  fraternity,  sorority  or  other  like 
society  com*posed  of  or  made  up  of  pupils  of  the  public  schools, 
shall  be  fined  not  less  than  ten  dollars  nor  more  than  twenty-fiye 
dollars  for  each  offense.      (99  y.  253  §§  1,  3.) 

Section  12907.  Whoever,  being  a  teacher,  principal  or  super- 
intendent, having  knowledge  or  reason  to  believe  that  a  fraternity, 
sorority  or  like  society  composed  or  made  up  of  pupils  of  the 
public  schools,  is  being  organized  or  maintained  in  the  public 
schools  or  that  a  pupil  attending  such  school  is  organizing,  or 
is  a  member  of.  such  fraternity,  sorority  or  like  society,  fails 
forthwith  to  advise  the  president  or  secretary  of  the  board  of 
education  in  charge  of  such  schools  thereof,  shall  be  fined  not 
less  than  ten  dollars  nor  more  than  twenty-five  dollars  for  each 
offense.     (90  v.  253  §§  2,  3.) 


Attendance 
by  person 
more  than 
twenty-one 
years  old. 


Who    may    be 
admitted    to 
school    free. 


Pupil    ioining 

fraternity; 

penalty. 


Teacher,  prin- 
cipal or  super- 
intendent fail- 
ing to  give 
notice  of  fra- 
ternity in 
schools. 


96 


SCHOOLS    AND    ATTENDANCE. 


Board    of    edu- 
cation   to    in- 
vestigate 
charges  of 
existence    of 
fraternity;    no- 
tice   to    mem- 
bers   thereof. 


Suspension 
pupils. 


Non-resident 
pupils. 


Crediting    of 
school    tax 
on    tuition. 


Assignment 
of   pupils. 


Suspension 
and   expulsion 
of   pupils. 


Section  12908.  Whoever,  being  a  board  of  education  in 
charge  of  public  schools,  upon  being  advised  in  accordance  with 
the  provisions  of  the  next  preceding  section,  within  thirty  days 
thereafter,  fails  to  investigate  such  charges  after  not  less  than 
ten  days'  written  notice  to  such  pupils,  their  parents  or  guar- 
dians, or,  being  the  secretary  of  such  board  of  education,  when 
such  board  has  found  the  charges  mentioned  in  the  next  preced- 
ing section  to  be  correct  and  true,  fails  forthwith  to  notify  in 
writing  the  pupils  organizing,  joining  or  belonging  to  such  fra- 
ternity, sorority  or  like  society,  to  disband  and  discontinue  it  and 
to  withdraw  therefrom  within  five  days  from  the  receipt  of  such 
notice,  shall  be  fined  not  less  than  ten  dollars  nor  more  than 
twenty-five  dollars  for  each  offense.     (09  v.  253  §§  2,  3.) 

Section  12909.  Whoever,  being  a  pupil  in  the  public  schools, 
organizing,  joining  or  belonging  to  a  fraternity,  sorority  or  like 
society  composed  or  made  up  of  pupils  of  the  public  schools, 
fails  to  obey  the  notice  provided  for  in  the  next  preceding  sec- 
tion, shall  be  forthwith  suspended  from  the  public  schools  by 
the  superintendent  or  principal  iix  charge  thereof  in  cities  or  dis- 
tricts having  such  superintendents  or  principals,  or  the  clerk  of 
the  board  of  education  in  villages,  special  and  township  districts 
not  having  such  superintendent  or  principal,  until  such  pupil  shall 
comply  with  the  order  of  such  beard  of  education.     (99  v.  253  §  2.) 

Section  7682.  Each  board  of  education  may  admit 
other  persons  upon  such  terms  or  upon  the  payment  of 
.such  tuition  as  it  prescribes.     (R.  S.  Sec.  4013.) 

Section  7683.  When  a  youth  between  the  age  of  six 
and  twenty-one  years  or  his  parent  owns  property  in  a  school 
district  in  which  he  does  not  reside,  and  he  attends  the 
schools  of  such  district,  the  amount  of  school  tax  paid  on 
such  property  shall  be  credited  on  his  tuition.  (R.  S.  Sec. 
4013-) 

Section  7684.  Boards  of  education  may  make  such  an 
assignment  of  the  youth  of  their  respective  districts  to  the 
schools  established  by  them  as  in  their  opinion  best  will 
promote  the  intei*ests  of  education  in  their  districts.  (R. 
S.  Sec.  4013.) 

Mandamus  will  not  lie  to  compel  board  of  education  to  promote  a  pupil 
to  a  higher  grade  th?n  ihit  for  which  he  was  successfully  examined,  notwith- 
standing such  pupil  is  fitted  to  enter  such  grade,  such  qu'^stion  being  dis- 
cretionary with  the  board.      Sycamore    (Bd.   of   Ed.)   v.  Wickham,  83   O.   S.,  13.3. 

Section  7685.  No  pupil  shall  be  suspended  from 
school  by  a  superintendent  or  teacher  except  for  such  time 
as  is  necessary  to  convene  the  board  of  education,  nor  shall 
one  be  expelled  except  by  a  vote  of  two-thirds  of  such  board, 
and  after  the  parent  or  guardian  of  the  offending  pupil  has 
been  notified  of  the  proposed  expulsion,  and  permitted  to  be 
heard  against  it.  No  pupil  shall  be  suspended  or  expelled 
from  any  school  beyond  the  current  term  thereof.  (R.  S. 
Sec.  4014.) 

The  father  of  a  child  entitled  to  the  benefits  of  the  public  school  of  tlie 
sub-district  of  his  residence  may  maintain  an  action  against  the  teacher  ot 
the  school,  and  the  local  directors  of  the  sub-district,  for  damages  for  wrong- 
fully expelling  the  child  from  school.     21   O.   S.,  666. 

In  many  cases  of  incorrigibility,  proceedings  can  be  instituted  against 
the  offender  as  provided  by  section  7774,  as  a  juvenile  disorderly  person 
(section  7768),  instead  of  expulsion  by  the  board,  as  it  is  in  the  interest  of 
the  commonwealth  to  keep   the  child  k\   school,   if  possible. 

The  parent  has  no  right  to  interfere  with  the  order  or  progress  of  the 
school  by  detaining  his  child  at  home,  or  by  sending  him  at  times  that  prove 
-an  annoyance   or   hindrance  to   others.     31   Iowa,    .5'^8. 

The  right  to  attend  school  is  not  absolute,  but  conditional  on  compliance 
with  the  rules.     48  Vt.,  473. 


SCIJOOLS    AND    ATTENDAXiZE. 


97 


Section  7686.  The  board  of  each  district  may  make  \accination 
and  enforce  such  rules  and  regulations  to  secure  the  vacci-  "^  ^"^''^^ 
nation  of,  and  to  prevent  the  spread  of  small-pox  among 
the  pupils  attending  or  eligible  to  attend  the  schools  of  the 
district,  as  in  its  opinion  the  safety  and  interest  of  the  public 
require.  Boards  of  health,  councils  of  municipal  corpora- 
tions, and  the  trustees  of  townships,  on  application  of  the 
board  of  education  of  the  district,  at  the  public  expense, 
without  delay,  shall  provide  the  means  of  vaccination  to  such 
pupils  as  are  not  provided  therewith  by  their  parents  or 
guardians.     (R.  S.  Sec.  3986.) 

Board  of  education  may  enforce  reasonible  rules  as  to  vaccination.     State 
V.    Barberton    (Bd.   of   Ed.),  29  O.   C.   C,   375;     (7   N.    S.,   608.) 
Affirmed    ?6   O.    S.,   297. 

.Section   y6Sy.     Teachers  in   the   public   schools   may    Dismissal  of 
dismiss  their  schools,  without  forfeiture  of  pay,  on  the  first   f^'^P?'  °" 

1  r      T  1  1       1  r     -r->    1  i  holidays. 

day  of  January,  the  twenty-second  day  of  February,  the 
thirtieth  day  of  May,  the  fourth  day  of  July,  the  first  Mon- 
day in  September,  the  twenty-fifth  day  of  December,  and  on 
any  day  set  apart  by  proclamation  of  the  president  of  the 
United  States,  or  the  governor  of  this  state  as  a  day  of  fast, 
thanksgiving  or  mourning.      (R.  S.  Sec.  4015.) 

A  teacher  is  not  bound  by  the  provisions  of  a  contract  which  are  in 
contravention    of   law. 

He  may  dismiss  his  school  on.  legal  holidays  without  forfeiture  of  pay, 
notwithstanding   the    clause    in    his   contract    providing   salary  by  the    day. 

Boards  of  education  cannot  compel  teachers  to  make  up  for  time  lost 
on   the   above-mentioned  days. 

Hiring  teachers  by  the  day  does  not  affect  their  rights  under  this  section. 

It  is  held  in  Michigan  that  "school  management  should*  always  conform 
to  those  decent  usages  which  recognize  the  propriety  of  admitting  to  hold 
exercises  on  recognized  holidays.  All  contracts  for  teaching  during  periods 
mentioned  must  be  construed  of  necessity  as  subject  to  such  days,  and  there 
can  be  no  penalty  laid  upon  such  observances,  in  the  way  of  forfeitures  or 
reductions  of  wages."     89  Mich.,  4S4. 

Section  7688.  Not  later  than  April  the  governor  of 
the  state  shall  appoint  and  set  apart  one  day  in  the  spring 
season  of  each  year,  as  a  day  on  which  those  .in  charge  of 
the  public  schools  and  institutions  of  learning  under  state 
control,  or  state  patronage,  for  at  least  two  hours  must  give 
information  to  the  pupils  and  students  concerning  the  value 
and  interest  of  forests,  the  duty  of  the  public  to  protect  the 
birds  thereof,  and  also  for  planting  forest  trees.  Such  day 
shall  be  known  as  Arbor  day.     (95  v.  38  §  i.) 

Section  7689.  The  school  year  shall  begin  on  the 
first  day  of  September  of  each  year,  and  close  on  the  thirty- 
first  day  of  August  of  the  succeeding  year.  A  school  week 
shall  consist  of  five  days,  and  a  school  month  of  four  school 
weeks.     (R.  S.  Sec.  4016.) 

Boards  of  education  cannot  compel  pupils  to  attend  school,  or  teachers 
to  teach  the  same,  more  than  five  days  in  any  one  week,  and  teachers  cannot 
make  up  for  Ipst  time  by  teaching  six  days  in  a  week  without  express  authority 
from  the   board  of   education. 

Teachers  have  no  right,  without  express  authority  of  the  board  of  edu- 
cation, to  make  up  lost  time  bv  teaching  on  Saturday  or  on  a  holiday.  The 
custom  is  so  well  established  of  keeping  the  schools  in  session  the  five  work- 
ing days  of  each  week  exclusive  of  Sa'^urday,  and  of  dismissing  on  the  holi- 
days named,  that  to  change  this  custom  would  manifestly  require  action  by 
the  board.  As  the  law  does  not  prescribe  the  days  of  the  week  to  be  taught, 
the  board  may,  under  section  4750,  authorize  the  intermission  of  school  on 
Monday  or  any  other  day  most  convenient  to  the  inhabitants.  In  a  few 
distric's   in    Ohio,   there   is   no    session    on    Monday. 

7      S.   Tv  ' 


Arbor    dav. 


School  year, 
month,  and 
week. 


98  SCHOOLS    AND    ATTENDANCE. 

Control  of  vSection   7690.     Each   board   of   education   shall   have 

in'boardr^^^'^  the  management  and  control  of  all  of  the  public  schools  'of 
whatever  name  or  character  in  the  district.  It  may  appoint 
a  superintendent  of  the  public  schools,  truant  officers,  and 
janitors  and  fix  their  salaries.  If  deemed  essential  for  the 
best  interests  of  the  schools  of  the  ditrict,  under  proper 
rules  and  regulations,  the  board  may  appoint  a  superintend- 
ent of  buildings,  and  such  other  employes  as  it  deems  neces- 
sary, and  fix  their  salaries.  Each  board  shall  fix  the  salar-ies 
of  all  teachers,  which  may  be  increased,  but  not  diminished 
during  the  term  for  which  the  appointment  is  made.  Teach- 
ers must  be  paid  for  all  time  lost  when  the  schools  in  which 
they  are  employed  are  closed  owing  to  an  epidemic  or  other 
public  calamity.     (R.  S.  Sec.  4017.) 

Stipulation    that    teacher  would    not    accept    compensation    for    attending 

teachers'  institute  held  void.  Elizabeth  Tp.  (Bd.  of  Ed.)  v.  Burton,  30  O. 
C.    C.  411       (11   N.    S.   103.) 

See   ex   rcl.    v.   Wickham  under  7CS4. 

Section  7690- t.  All  employes  in  each  city  school  dis- 
trict shall  be  divided  into  two  classes  to  be  known  as  the 
classified  and  unclassified  service.  The  unclassified. service 
shall  include  the  position  of  officers  elected  by  the  people  or 
appointed  to  fill  vacancies  in  such  offices;  persons  who  by 
law  are  to  serve  without  renumeration ;  persons  who  are 
required  by  law  to  have  a  teacher's  certificate;  the  superin- 
tendent of  instruction,  the  director  of  schools  and  the  clerk 
of  the  board  of  education,  school  physicians  and  nurses, 
secretaries,  chief  deputies  in  the  offices  of  the  director  and 
clerk  of  the  board  of  education,  the  chief  truant  officer,  all 
unskilled  labor  when  but  temporarily  employed,  and  such 
other  appointees  as  the  civil  service  commission  may  by  rule 
determine.  The  classified  service  shall  comprise  all  offices 
and  positions  not  included  in  the  unclassified  service. 
(Passed  April  26,   1910.) 

Section  7690-2.  The  civil  service  commissioners  of 
each  city  shall  be  and  arb  hereby  constituted  the  civil  service 
commissioners  of  the  board  of  education  in  each  city  school 
district  and  the  board  of  education  of  such  district  shall 
provide  for  such  clerical  force,  examiners,  and  the  necessary 
expenses  of  such  commissioners  as  may  be  necessary  for  the 
purpose  of  carrying  out  the  provisions  of  this  act. 

The  civil  service  commissioners  shall  keep  separate 
registers  and  records  of  all  positions  and  appointments  in 
the  classified  service  of  the  board  of  education.  All  appli- 
*  cants  for  admission  into  the  classified  service  of  the  board  of 
education  shall  be  subject  to  examination,  which  shall  be 
competitive,  public  and  open  to  all  residents  of  the  city 
school  district,  with  such  limitations  as  to  age,  sex,  resi- 
dence, health,  habits  and  moral  character  as  said  commission 
may  prescribe.  The  commission  shall  prepare  rules  and 
regulations  adapted  to  carry  out  the  purposes  of  this  act, 
which  rules  and  regulations  shall  provide  for  the  grading  of 
positions  similar  in  character,  so  as  to  permit  the  filling  of 


SCHOOLS   AND   ATTENDANCE.  99 

positions  in  the  highest  grades  as  -far  as  practicable  by  pro- 
motions ;  and  shall  provide  for  public  examinations  to  ascer- 
tain the  fitness  of  all  applicants  for  appointments  in  the 
classified  service,  and  the  result  of  such  examinations  shall 
be  accessible  to  all  persons.  Such  applicants  shall  take  rank 
upon  the  register  of  the  commission  as  candidates  in  the 
order  of  their  relative  standing  without  reference  to  priori- 
ty of  examination,  and  grades  and  standings  so  established 
shall  remain  thfe  grades  for  a  period  of  six  (6)  months  or 
longer,  if  the  commission  so  determine.  (Passed  April  26, 
19TO.) 

Section  7690-3.  Whenever  an  appointment  is  to  be 
made  to  any  position  in  the  classified  service,  the  board  or 
officer  shall  notify  the  commission  of  any  vacancy  to  be 
filled.  The  commision  shall  thereupon  certify  to  such  board 
or  officer  the  three  candidates  the  highest  in  the  respective 
lists  as  shown  by  the  result  of  such  examination,  and  such 
board  or  officer  shall  thereupon  appoint  cne  of  the  three  so 
certified.  Any  candidate  whose  name  shall  have  been  certi- 
fied three  times  without  appointment  may  be  dropped  from 
the  register  by  the  ^commission.     (Passed  April  26,  1910.) 

Section  7690-4.  It  shall  be  the  duty  of  each  appoint- 
ing officer  or  board  to  report  to  the  civil  service  commission 
forthwith  upon  such  appointment  or  employment  the  name 
of  such  appointee  or  employe,  the  title,  the  character  of  his 
employment,  the  date  of  the  commencement  of  SQfvice,  the 
salary  or  compensation  thereof,  and  such  other  information 
as  the  commission  may  require  in  order  to  keep  the  roster 
herein  provided ;  and  it  shall  be  the  duty  of  said  commission 
to  prepare,  conduct  and  keep  in  its  office  a  complete  roster 
of  all  persons  in  the  classified  service  of  the  board  of  educa- 
tion, which  roster  shall  be  open  to  inspection  at  all  reason- 
able hours.  It  shall  show  in  reference  to  each  of  said  per- 
sons his  name,  the  date  of  his  appointment  to  or  employ- 
ment in  such  service,  his  salary  or  compensation,  the  title 
of  the  position  or  office  he  holds,  or  nature  of  the  duties 
thereof;  and,  in  case  of  removal  or  resignation,  the  date  of 
the  termination  of  such  service.     (Passed  April  26,  1910.) 

Section  7690-5.  No  officer  or  employe  within  the 
classified  service  who  shall  have  been  appointed  under  the 
provisions  of  this  act  or  who  shall  have  been  continuously 
in  the  employment  of  the  board  of  education  for  a  period  of 
three  (3)  years  shall  be  removed,  reduced  in  rank  or  dis- 
charged except  ior  some  cause  relating  to  his  moral  charac- 
ter or  his  suitableness  and  capacity  to  perform  the  duties  of 
his  position,  though  he  may  be  suspended  from  duty  without 
pay  for  a  period  of  not  exceeding  thirty  (30)  days  pending 
the  investigation  of  charges  against  him.  Such  cause  shall 
be  determined  by  the  removing  authority  and  repoited  in 
writing  with  a  specific  statement  of  the  reasons  therefor 
to  the  commission,  but  shall  not  be  made  public  without  the 
consent  of  the  person  discharged.     Before  such   remo\-al, 


30C 


SCHOOLS    AND    ATTENDANCE. 

recinclion  or  discharge  shall  become  effective  the  removing 
authorit)'  shall  give  such  person  a  reasonable  opportunity  to 
know  the  charges  against  him  and  to  be  heard  in  his  own  be- 
half, and  if  such  charges  be  not  sustained  by  the  commis- 
sion he  shall  be  reinstated  in  his  position.  (Passed  April 
26,  ]9io.) 

Section  7690-6.  Nothing  herein  contained  shall  pre- 
vent the  board  of  education  of  each  city  school  district  from 
defining  the  duties  of  its  various  employes,  and  prescribing 
the  rules  and  regulations  under  which  they  shall  serve  nor 
from  exercising  proper  supervision  over  them.  Nor  shall 
the  board  of  education  of  such  city  school  district  be  pre- 
cluded from  securing  labor  or  assistance  for  short  periods 
within  \t^  discretion  in  cases  of  emergencey.  (Passed  April 
26,  lOIO.) 

Terms.  SECTION  769 1.     No    pcrsou    shall    bc    appointed  as  a 

teacher  for  a  term  longer  than  four  school  years,  nor  for 
less  than  one  year,  except  to  fill  an  unexpired  term,  the 
term  to  begin  within  four  months  of  the  date  of  the  ap- 
pointment. In  making  appointments  teachers  in  the  actual 
employ  of  the  board  shall  be  considered  before  new  teach- 
ers are  chosen  in  their  stead.     (R.  S.  Sec.  4017.) 

If  a  board  of  education  require  its  committee  on  teachers  or,  in  city 
■districts,  the  superintendent,  to  report  the  teachers  for  re-appointment  and  the 
•newly  appointed  teachers  on  separate  lists,  the  adoption  of  the  report  or  the 
confirmation  of  the  appointments  by  the  superintendent  is  sufficient  considera- 
tion as   required  by  law 

The  restriction  that  no  contract  is  valid  unless  money  is  in  treasury 
and  set  apart,  does  not  apply  to  contracts  authorized  by  the-  provisions  of 
law  to  be  made  for  employing  teachers  and  otli^r  school  employes;  see  Sec. 
5660. 

Vote  necessary  to   elect  superintendent  and   teachers;     Sec.   4752. 

The  passage  of  a  resolution  to  employ  a  certain  teacher,  notice  sent  to 
bim,  and  the  party  accepting  and  entering  upon  his  duties,  constitutes  a 
valid  contract  between  the  school  board  and  the  teacher.     12  C.  C,  249. 

Illegal  provisions  in  a  contract  to  employ  a  teacher,  which  are  separate 
from  the  legal  part  and  are  not  performed,  do  not  invalidate  his  right  to 
recover  his  salary,  as  where  he  was  employed  at  a  certain  salary,  with  a 
provision  that  if  he  could  not  do  the  work  alone  he  should  have  power  to 
employ  assistance  at  his  own  expense,  but  he  performed  the  service  without 
an   assistant.     29  O.    S.,   161. 

A  committee  on  teachers  appointed  by  the  board  may  make  recommenda- 
tions to  the  board,  but  no  teacher,  or  other  employee,  can  be  legally  elected 
except  at  a  meeting  of  the  board  of  education,  and  by  a  majority  vote  of 
the  entire  board  and  after  the  manner  directed  in  section  4752.  If  the  rneeting 
is  a  special  one,  each  member  must  have  been  notified'  in  accordance  with  the 
provisions   of   section   4751. 

The  dismissal  of  a  teacher  or  other  employee  is  business  and  must  be 
transacted  at  a  regular  or  special  meeting,  and  reasons  therefor  must  be 
spread  upon   the  minutes. 

If  a  teacher  is  employed  for  a  definite  time,  and.  during  the  period  of 
his  employment,  the  district  officers  close  the  schools  on  account  of  the 
prevalence  of  contagious  diseases,  and  keep  them  closed  for  a  time,  and  the 
teacher  continues  readv  to  perform  his  contract,  he  is  entitled  to  full  wages 
during  such  period.  The  act  of  God  is  not  an  excuse  for  non-performance 
of  a  contract,  unless  it  renders  performance  impossible;  if  it  merely  makes  it 
^  difficult    and    inexpedient,    it    is   not    sufficient.      Although    under    such    circum- 

stances it  is  eminentlv  prudent  to  dismiss  school,  yet  this  affords  no  reason 
why  the  misfortune  of  the  district  should  be  visited  upon  the  teacher.  Dewey 
V.   Union   School    District  of  Alpena,   43   Mich.,   4S0. 

A  person  who  engages  to  teach  for  a  definite  term,  and  leaves  the 
school  without  just  cause,  cannot  sustain  an  action  for  services  already  ren- 
dered.    29  Vt.,  219. 

It  has  been  held  in  New  York  that  absence  of  a  teacher  for  a  single 
day  without  consent  of  the  trustees  annuls  the  contract.  New  York  Code  of 
Instruction,   pp.    705,   723.    731. 

But  a  teacher  abandoning  his  school  because  not  sustained  by  the  trustees 
in  the  enforcement  of  reasonable  rules  is  entitled  to  wages  for  the  time  taught. 
7  Vermont.  452;    55  Mo.,  149. 

The  discharge  of  a  janitor's  duties  is  no  part  of  a  teacher's  work;  and, 
in    the   absence    of   a    contract   to   perform    such    duties,    he    is   under   no   legal 


SCHOOLS    AND    ATTENDANCE.  '      lO^I 

obligation  to  do  so,  no  difference  what  may  have  been  the  custom  in  the 
district,   nor   how   long   acquiesced   in. 

The  teacher  cannot  compel  pupils  to  do  any  janitorial  work,  such  as 
building  fires  or  sweeping  school  houses.     97  111.,  375. 

Many  city  boards  of  education  have  as  one  of  their  standing  rules  that 
all  of  their  employees  shall  hold  their  positions  at  the  discretion  of  the  board. 
This  condition  in  a  contract  with  employees  hired  for  a  specified  time  is  null 
and  void.  The  statute  names  the  causes  for  which  an  appointee  may  be  dis- 
missed, and  that  appointee  can  be  dismissed  for  no  other.  A  rule  of  a  board 
of    education   cannot   override  a    state   law. 

Instructor  or  teacher  having  sexual  intercourse  with  female  pupil;  see 
Sec.  13C30.  For  definition  of  "term"  as  used  in  section  13030,  see  Esley  v.  State, 
10   O.    C.    C,   N.    S.,   169. 

Boards  of  education  are  authorized  to  adxspt  and  enforce  necessary  rule& 
and  regulations  for  the  government  of  schools  under  their  management  and 
control.     Sewall  v. 'Board  of  Education,  29  O.   S.,  89;     see   Sec.  4750. 

Where  instruction  in  rhetoric  is  given  in  any  grade  or  department  of  the 
school,  and  one  of  the  rules  adopted  by  the  board  for  the  government  of  the 
pupils  therein  provides  that  if  any  pupil  should  fail  to  be  prepared  with  a 
rhetorical  exercise  at  the  time  appointed  therefor,  he  or  she  should,  unless 
excused  on  account  of  sickness  or  other  reasonable  cause,  be  immediately 
suspended  from  such  department,  it  was  held  that  such  a  rule  was  reasonable. 
29  O.   S.,  89. 

Section  7692.  Any  board  of  education  in  a  city  school  Medical 
district  niny  provide  for  the  medical  inspection  of  pupils  '"■p"'^-^^"- 
attending  the  public  schools.  For  that  purpose  it  can  em- 
ploy competent  physicians,  nurses,  and  provide  for  and  pay 
all  expenses  incident  thereto  from  the  public  school  funds, 
or  by  agreement  with  the  board  of  health  or  other  bordrc)  or 
officer  performing  the  functions  of  a  board  of  health  for 
such  city.  It  may  provide  for  medical  and  sanitary  super- 
vision and  inspection  of  the  schools  which  are  under  the  con- 
trol of  such  board  of  education  and  of  the  pupils  attending 
such  schools,  by  a  competent  physician  selected  by  the  par- 
ent or  guardian  of  the  child,  but  on  failure  of  the  parent  or 
guardian,  then  by  the  district  physicians  and  other  employes 
to  be  appointed  by  such  board  of  health.  (R.  S.  Sec. 
4018a.) 

Section  7693.     A  board  of  education  in  a  city  school   Compensation, 
district  making  such  agreement  may  provide  and  pay  com- 
pensation to  the  employes  of  the  board  of  health  in  addition 
to  that  provided  by  the  city.     (R.  S.  Sec.  4018a.) 


Section  7694.     A  board  of  education  in  a  city  school    Director 


district,  may  elect  a  director  of  schools,  who  shall  serve  as 
such  for  the  term  of  two  years,  unless  earlier  removed.  A 
vacancy  in  this  office  shall  be  filled  for  the  unexpired  term 
thereof.      (R.  S.  Sec.  4017.) 

Section  760s.  As  director  of  schools,  he  shall  exe- 
cute for  the  board  of  education,  in  the  name  of  the  school 
district,  its  contracts  and  obligations,  except  that  bonds 
issued  must  be  signed  by  the  president  of  the  board,  and 
attested  by  the  clerk.  He  shall  see  that  all  contracts  made 
by  or  with  such  board  are  fully  and  faithfully  performed. 
Except  teachers,  assistant  teachers,  supervisors,  principals, 
superintendent  of  instruction,  clerk  of  the  board  of  educa- 
tion, such  director  shall  have  the  appointment  subject  to  the 
approval  and  confirmation  of  the  board  of  all  employes,  and 
may  discharge  them.  He  shall  have  the  care  and  custody 
of  all  property  of  the  school  district,  real  and  personal,  ex- 
cept moneys,  oversee  the  construction  of  buildings,  in  the 


of 


schools. 


Powers. 


\i¥l:-rli: 


SCHOOLS    AND    ATTENDANCE. 


Duties. 


Compensation. 


May    suspend 
or  remove 
director. 


Appointees; 
clerk's    duty. 


process  of  erection,  and  the  repairs  thereof;  and  advertise 
for  bids  and  purchase  all  supplies  and  equipments  authorized 
by  the  board.     (R.  S.  Sec.  4017.) 

Section  7696.  Such  director  shall  report  to  the  board 
monthly,  and  oftener  if  required,  as  to  all  matters  under  his 
supervision,  and  report  to  the  board  a  statement  of  its  ac- 
counts, exhibiting  the  revenues,  receipts,  disbursements, 
assets  and  liabilities,  the  sources  from  which  the  revenues 
and  funds  are  derived,  and  in  what  manner  they  have  been 
disbursed.  lie  shall  keep  accurate  account  of  taxes  levied 
for  school  purposes,  and  of  all  moneys  due  to,  received  and 
disbursed  byihe  board;  also,  of  all  as,sets  and  liabilities  and 
all  appropriations  made  by  it,  and  receive  and  preserve  all 
vouchers  for  payments  and  disbursements  made  to  or  by 
the  beard.  He  must  issue  all  warrants  for  the  payment  of 
money  from  the  school  fund,  but  no  warrant  shall  be  issued 
for  the  payment  of  any  claim  until  it  has  been  approved  by 
the  board.  The  pay  roll  for  teachers,  assistant  teachers  and 
supervisors  must  be  countersigned  by  the  superintendent  of 
instruction.  Such  director  shall  attend  all  meetings  of  the 
board,  and  perform  all  of  its  executive  functions  not  here- 
inbefore excepted  in  defining  the  duties  of  the  director  of 
schools.  He  must  devote  such  portion  of  his  time  to  the 
duties  of  his  office  as  is  required  by  the  board  of  education 
at  or  before  his  election,  and  give  a  bond  for  the  faithful  dis- 
charge of  his  duties  as  director  of  schools,  in  such  sum  as 
the  board  determines,  his  sureties  to  be  approved  by  it, 
which  bond  shall  be  deposited  with  the  president  of  the  board 
within  ten  days  after  his  appointment.     (R.  S.  Sec.  4017.) 

Section  7697.  Such  director  shall  receive  such  com- 
pensation, not  exceeding  five  thousand  dollars  per  annum,  as 
is  fixed  by  the  board  before  his  election,  which  shall  not 
be  changed  during  his  term  of  office.     (R.  S.  Sec.  4017.) 

Section  7698.  By  a  two-thirds  vote  for  cause,  the 
board  of  education  at  any  time  may  suspend  or  remove  the 
director  of  schools,  but  such  suspension  or  removal  shall  not 
be  made  unless  the  charges  are  preferred  in  writing,  and  an 
opportunity  afforded  to  bring  all  offered  pertinent  testimony 
in  as  a  defense,  which  testimony  shall  be  received  and  con- 
sidered by  the  board  and  made  a  part  of  its  records  .  (R. 
S.  Sec.  40 17.) 

Section  7699.  Upon  the  appointment  of  any  person 
to  any  position  under  the  control  of  the  board  of  education, 
the  clerk  promptly  must  notify  such  person  verbally  or  in 
writing  of  his  appointment,  the  conditions  thereof,  and  re- 
quest and  secure  from  him  within  a  reasonable  time  to  be 
determined  by  the  board,  his  acceptance  or  rejection  of  such 
appointment.  An  acceptance  of  it  within  the  time  thus  de- 
termined, shall  constitute  a  contract  binding  both  parties 
thereto  until  such  time  as  it  may  be  dissolved,  expires,  or  the 
appointee  be  dismissed  for  cause.     (R.  S.  Sec.  4017.) 


The    statutes    regulating    the    hiring 
lowed.      Beck   v.    Rocky   River    Sch,   Dist. 


of    teachers,    must    be    s 
(Bd-.    of   Ed.),    29   O.    C. 


trictly    fol- 
C,   717    (9 


SCHOOLS    AND    ATTENDANCE. 


103 


Section  7700.  All  resignations  or  requests  for  release 
from  contract  by  teachers,  superintendents,  or  employes, 
must  be  promptly  considered  by  the  board,  but  no  resignation 
or  release  shall  become  effective  except  by  its  consent.  (R. 
S.  Sec.  4017.) 

Section  7701.  Each  board  may  dismiss  any  appointee 
or  teacher  for  inefficiency,  neglect  of  duty,  immorality,  or 
improper  conduct.  No  teacher  shall  be  dismissed  by  any 
board  unless  the  charges  are  first  reduced  to  writing  and 
an  opportunity  be  given  for  defense  before  the  iDoard,  or  a 
committee  thereof,  and  a  majority  of  the  full  membership 
of  the  board  vote  upon  roll  call  in  favor  of  such  dismissal. 
(R.  S.  Sec.  4017.) 

Section  7702.  The  board  of  education  in  each  city 
school  district  shall  appoint  a  suitable  person  to  act  as  super- 
intendent of  the  public  schools  of  the  district,  for  a  term  not 
longer  than  five  school  years,  and  to  begin  within  four 
months  of  such  appointment.     (R.  S.  Sec.  4017a.) 

Section  7703.  Upon  his  acceptance  of  the  appoint- 
ment, such  superintendent,  subject  to  the  approval  and  con- 
firmation of  the  board,  may  appoint  all  the  teachers,  and  for 
cause  suspend  any  person  thus  appointed  until  the  board 
or  a  committee  thereof  considers  such  suspension,  but  no 
one  shall  be  dismissed  by  the  board  except  as  provided  in 
section  seventy-seven  hundred  and  one.  But  any  city  board 
of  education,  upon  a  three-fourths  vote  of  its  full  member- 
ship, may  re-employ  any  teacher  whom  the  superintendent 
refuses  to  appoint.  Such  superintendent  shall  visit  the 
schools  under  his  charge,  direct  and  assist  teachers  in  the 
performance  of  their  duties,  classify  and  control  the  promo- 
tion of  pupils,  and  perform  such  other  duties  as  the  board 
determines.  He  must  report  to  the  board  annually,  and 
oftener  if  required,  as  to  all  matters  under  his  supervision, 
and  may  be  required  by  it  to  attend  any  and  all  of  its  meet- 
ings. He  may  take  part  in  its  deliberations  but  shall  not 
vote.     (R.  S.  Sec.  4017a.) 

Section  7704.  On  the  third  Monday  of  every  January 
the  clerk  of  the  board  of  education  of  a  city  school  district 
shall  certify  to  the  board  of  education  of  which  he  is  clerk, 
the  number  of  pupils  enrolled  in  the  public  schools  of  that 
district,  whereupon  the  board  of  such  city  school  district 
may  by  resolution  set  aside  from  the  contingent  fund  a  sum 
not  to  exceed  five  cents  for  each  child  so  enrolled,  such  sum 
of  money  to  be  known  as  the  "service  fund"  to  be  used  only 
in  paying  the  expenses  of  such  members  actually  incurred  in 
the  performance  of  their  duties ;  such  payments  to  be  made 
only  on  statement  of  the  several  members  furnished  at  the 
last  meeting  held  in  each  month.     (99  v.  322  §  i.) 

Section  7705.  The  board  of  education  of  each  village, 
township  and  special  school  district  may  appoint  a  suitable 
person  to  act  as  superintendent,  and  to  employ  the  teachers 
of  the  public  schools  of  the  district,  for  a  term  not  longer 


Resignations. 


Dismissals. 


Superintend- 
ent  of   city 
school    dis- 
trict. 


Powers    and 
duties. 


"Service 
fund." 


Superintend- 
ent of  village, 
(ownship,    or 
'pecial    school 
district. 


ro4  sct:ools  and  attendance. 

than  three  school  years,  to  begin  within  four  months  of  the 
date  of  appointment.     But  nothing  herein  shall  prevent  two 
.    or  more  districts  uniting  and  appointing  the  same  person  as 
superintendent.      (R.  S.  Sec.  4017a.) 

Poxyers  and  SECTION  77o6.     Upou  his  acceptaucc  of   the  appoint- 

duties.  ment,  such  superintendent  may  visit  the  schools  under  his 

charge,  direct  and  assist  teachers  in  the  performance  of 
their  duties,  classify  and  control  the  promotion  of  pupils, 
and  perform  such  other  duties  as  the  board  determines.  He 
shall  report  to  the  board  of  education  annually,  and  oftener 
if  required,  as  to  all  matters  under  his  supervision,  and 
may  be  required  by  it  to  attend  any  and  all  of  its  meetings. 
He  may  take  part  in  its  deliberations,  but  shall  not  vote. 
But  any  board  may  permit  or  require  the  superintendent  to 
devote  a  portion  of  his  time  to  teaching,  subject  to  its  rules 
and  regulations.     (R.  S.  Sec.  4017a.) 

General   duties  SECTION  7707.     Teachers  must  excrcisc  reasonable  care 

of  teachers.  {^i  regard  to  school  property,  apparatus,  and  supplies  intrust- 
ed to  their  keeping.  They  shall  strive  to  guard  the  health 
any  physical  welfare  of  the  pupils  in  their  schools,  give 
sufficient  instruction  in  the  studies  pursued,  an  dendeavor 
to  maintain  good  discipline  over  all  the  pupils  under  their 
charge.  But  no  teacher  shall  be  required  by  any  board  to 
do  the  janitor  work  of  any  school  room  or  building,  except 
as  mutually  agreed  by  special  contract,  and  for  compensa- 
tion in  addition  to  that  received  by  him  for  his  services  as 
teacher.     (R.  S.  Sec.  4018.) 

A  teacher  may  decline  to  perform  janitor  service  until  the  board   makes 

a  special  contract  with  him  for  such  service  for  compensation  in  addition 
to  his  salary  as  teacher 

A   teacher   required  by  a  board  of  education  to  do  janitor  work  without 

having    made    a    special    contract    so    to  do,    and    without    extra    compensation 

therefor,  may  recover  the  reasonable  value  of  such  services  from  such 
board.     16    O.    D.    N.   P.,   414. 

Teachers  dis-  SECTION  7708.     If  the  board  of  cducatiou  of  any  dis- 

sufficient°'  '"    t^^^t    dismisses    a    teacher    for  any  frivolous  or  insufficient 
cause.  reason,  the  teacher  may  bring  suit  against  such  district.    If, 

on  trial  of  the  cause  a  judgment  be  obtained  against  the 
district,  the  board  thereof  shall  direct  the  clerk  to  issue  an 
order  upon  the  treasurer  for  the  sum  so  found  due  to  the 
person  entitled  thereto,  to  pay  it  out  of  any  money  in  his 
hands  belonging  to  the  district,  applicable  to  the  payment  of 
teachers.  In  such  suits  process  may  be  served  on  the  clerk 
of  the  district,  and  service  upon  him  shall  he  sufficient.  (R. 
S.  Sec.  4019.) 

X^  Since    possession   of  a   certificate   is   prima   facie   evidence    of    competency 

^'~~~-~-,^^^         and    good    character    the    burden    of    sustaining    a    charge    against    the    teacher 
^~"^~-^     for    inefficiency,    neglect   of    duty     immorality    or    improper    conduct    is    thrown 
upon  the  person   or  persons  preferring  such' charges. 

Filing  and  SECTION  7709.     Any  pubHshcr  or  publishers  of  school- 

preservation      books  iu  the  United  States  desiring  to  offer  school-books 
prices^of   ^"     for  use  by  pupils  in  the  common  schools  of  Ohio  as  herein- 


school-books 


after  provided,  before  such  books  may  be  lawfully  adopted 
and  purchased  by  any  school  board,  must  file  in  the  office  of 
the  state  commissioner  of  common  schools,  a  copy  of  each 
book  proposed  to  be  so  offered,  together  with  the  published 


SCHOOLS    AND    ATTENDANCE. 


105 


list  wholesale  price  thereof.  No  revised  edition  of  any  such 
book  shall  be  used  in  common  schools  until  a  copy  of  such 
edition  has  been  filed  in  the  office  of  the  commissioner  to- 
gether with  tlie  published  list  wholesale  price  thereof.  The 
commissioner  must  carefully  preserve  in  his  office  all  such 
copies  of  books  and  the  prices  thereof.      (92  v.  282  §   i.) 

Section  7710.  When  and  so  often  as  any  book  and  the 
price  thereof  is  filed  in  the  commissioner's  office  as  provided 
in  the  next  preceding  section,  a  commission  consisting  of  the 
governor,  secretary  of  state  and  state  commissioner  of  com- 
mon schools,  immediately  shall  fix  the  maximum  price  at 
which  such  books  may  be  sold  to  or  purchased  by  boards 
of  education,  as  hereinafter  provided,  which  price  must  no't 
exceed  seventy-five  per  cent  of  the  published  list  wholesale 
price  thereof.  The  state  commissioner  of  common  schools 
immediately  shall  notify  the  publisher  of  such  book  so  filed, 
of  the  maximum  price  fixed.  If  the  pubhsher  so  notified, 
notifies  the  commissioner  in  writing  that  he  accepts  the 
price  fixed,  and  agrees  in  writing  to  furnish  such  book  dur- 
ing a  period  of  five  years  at  that  price,  such  written  ac- 
ceptance and  agreement  shall  entitle  the  publisher  to  offer 
the  book  so  filed  for  sale  to  such  boards  of  education.  (92 
V.  282  §  2.) 


Maximu 
price;  n 
tion  of 
lisher. 


otifica- 
pub- 


Section  771 1.  Such  commissioner,  during  the  first 
half  of  the  month  of  June,  in  each  year,  must  furnish  to 
each  board  of  education  the  names  and  addresses  of  all 
publishers  Avho  during  the  year  ending  on  the  first  day  of 
the  month  of  June  in  each  year,  agreed  in  writing  to  fur- 
nish their  publications  upon  the  terms  above  provided.  A 
board  of  education  shall  not  adopt  or  cause  to  be  used  in  the 
common  schools  any  book  whose  publisher  has  not  complied, 
as  to  such  book,  wdth  the  provisions  of  law  relating  there- 
to.    (92  V.  282  §  3.) 


Notices    to 
boards. 


Section  7712.  If  a  publisher  w^ho  agreed  in  writing 
to  furnish  books  as  above  provided,  fails  or  refuses  to  fur- 
nish such  books  adopted  as  herein  provided  to  any, board  of 
education  or  its  authorized  agent  upon  the  terms  herein 
provided,  such  board  at  once  must  notify  such  commission 
qf  such  failure  or  refusal,  and  it  at  once  shall  cause  an  in- 
vestigation of  such  charge  to  be  made.  If  it  is  found  to  be 
true  the  commission  at  once  shall  notify  such  pubhsher  and 
each  board  of  education  in  the  state  that  such  book  shall  not 
thereafter  be  adopted  and  purchased  by  boards  of  education. 
Such  publisher  shall  forfeit  and  pay  to  the  state  of  Ohio  five 
hundred  dollars  for  each  failure,  to  be  recovered  in  the  name 
of  the  state,  in  an  action  to  be  brought  by  the  attorney- 
general,  in  the  court  of  common  pleas  of  Franklin  county, 
or  in  any  other  proper  court  or  in  any  other  place  where 
service  can  be  made.  The  amount,  when  collected,  must 
be  paid  into  the  state  treasury  to  the  credit  of  the  common 
school  fund  of  the  state.     (92  v.  283  §  4.) 


\'iolation     of 
agreement     by- 
publisher. 


io6 


SCHOOLS    AND    ATTENDANCE. 


Text    books; 
how   deter- 
mined;   five- 
year  term. 


Text-book 
of  whom 
ordered. 


Board   of 
education, 
power    and 
duties    of 


Old   books, 
purchase    of. 


Section  7713.  At  a  regular  meeting,  held  between  the 
first  Monday  in  February  and  the  first  Monday  in  August, 
each  board  of  education  shall  determine  by  a  majority  vote 
of  all  members  elected  the  studies  to  be  pursued  and  which 
of  such  text-books  so  filed  shall  be  used  in  the  schools  under 
its  control.  But  no  text-books  now  in  use  or  hereafter 
adopted  shall  be  changed,  nor  any  part  thereof  altered  or  re- 
vised, nor  any  other  text-book  be  substituted  therefor  for 
five  years  after  the  date  of  the  selection  and  adoption  there- 
of, as  shown  by  the  official  records  of  such  boards,  except 
by  the  consent  at  a  regular  meeting,  of  live-sixths  of  all 
members  elected  thereto.  Bookg  so  substituted  shall  be 
adopted  for  the  full  term  of  five  years.     (99  v.  460  §  5.) 

Injunction  lies  to  restrain  illegal  change  in  school  text-books.  Lenhart 
V.  Newton  Tp.   (Bd.  of  Ed.)  18  Dec.  825   (5  N.   S.,  129). 

Section  7714.  Each  board  of  education  shall  cause 
it  to  be  ascertained,  and  at  a  regular  meeting  determine 
which,  and  the  number  of  each  of  such  books  the  schools 
under  its  charge  require,  and  cause  an  order  to  be  drawn 
for  the  amount  in  favor  of  the  clerk  of  the  board  of  educa- 
tion, payable  out  of  the  contingent  fund.  Such  clerk  at  once 
shall  order  the  books  so  agreed  upon  by  the  board,  of  the 
publisher,  who  on  the  receipt  of  such  order  must  ship  them 
to  the  clerk  without  delay.  He  forthwith  shall  examine  the 
books,  and,  if  found  right  and  in  accordance  with  the  order, 
remit  the  amount  to  the  publisher.  The  beard  of  education 
must  pay  all  charges  for  the  transportation  of  the  books, 
out  of  the  school  contingent  fund.  But  if  such  boards  of 
education  at  any  time  can  secure  of  the  publishers  books  at 
less  than  such  maximum  price,  they  shall  do  so,  and  with- 
out unnecessary  delay  may  make  effort  to  secure  such  low- 
er price  before  adopting  any  particular  text-book.  (99  v. 
460  §  5.) 

Section  7715.  Each  board  of  education  shall  make 
all  necessary  provisions  and  arrangements  to  place  the  books 
so  purchased  within  easy  reach  of  and  accessible  to  all  the 
pupils  in  their  district.  Eor  that  purpose  it  may  make  such 
contracts;  and  take  such  security  as  it  deems  necessary,  for 
the  custody,  care  and  sale  of  such  books  and  accounting 
for  the  proceeds;  but  not  to  exceed  ten  per  cent,  of  the  cost 
price  shall  be  paid  therefor.  Such  books  must  be  sold  to. 
the  pupils  of  school  age  in  the  district,  at  the  price  paid 
the  publisher,  and  not  to  exceed  ten  per  cent,  therefor  add- 
ed. The  proceeds  of  sales  shall  be  paid  into  the  contingent 
fund  of  such  district.  Boards  also  may  contract  with  local 
retail  dealers  to  furnish  such  books  at  prices  above  specified, 
the  board  being  still  responsible  to  the  publishers  for  •  all 
books  purchased  by  it.      (99  v.  460  §  5.) 

Section  7716.  When  pupils  remove  from  any  district, 
and  have  text-books  of  the  kind  adopted  in  such  district 
and  not  the  kind  adopted  in  the  district  to  which  they  re- 
move, and  wish  to  dispose  of  them,  the  board  of  the  district 


SCHOOLS    AND    ATTENDANCE. 


107 


from  which  they  remove,  if  requested,  shall  purchase  them 
at  the  fair  value  thereof,  and  resell  them  as  other  books. 
Nothing  herein  shall  prevent  the  board  of  education  from 
furnishing  free  books  to  pupils  as  provided  by  law.  (99  v. 
460  §  5.) 

Section  7717.  For  the  purpose  of  carrying  into  effect  Appropriation, 
the  foregoing  provisions,  and  paying  the  expenses  incident 
thereto,  there  is  hereby  appropriated  out  of  any  money  in  the 
state  treasury,  to  the  credit  of  the  general  revenue  fund, 
not  otherwise  appropriated,  the  sum  of  five  hundred  dollars, 
to  be  disbursed  and  paid  on  the  allowance  and  order  of  the 
commissioner  of  common  schools.     (99  v.  460  §  5.) 

Section  7718.     A  superintendent,  supervisor  or  princi-    Saies   agents, 

1  1  11  -111-1  •  •  1  111      who   may   not 

pal,  employed  by  any  board  of  education  m  the  state  shall  be. 
not  act  as  a  sales  agent,  either  directly  or  indirectly,  for  any 
person,  firm  or  corporation  whose  school  text  books  are  filed 
with  such  state  commissioner,  for  use  in  the  public  schools 
of  the  state,  as  provided  by  law.  A  violation  of  this  pro- 
vision shall  work  a  forfeiture  of  their  certificates  to  teach  in 
the  public  schools  of  Ohio.      (^99  v.  46b  §  5.) 

Section   7719.     Boards  of  education   of  city,   village.    Purchase  of 
township  and  special  school  districts  in  the  state  may  pur-   toS^Co/-^ 
chase  for  each  school  in  either  of  such  districts  one  copy  of    ohfo°"^  °^ 
''Howe's  Historical  Collections  of  Ohio," -to  be  used  as  a 
reference  book  in  the  study  of  the  histor}^  of  the  state.     But 
such  work  in  quality,  style,  binding  and  finish  must  be  equal 
to  the  present  published  edition  thereof,  bound  in  half  Rus- 
sia leather,  and  shall  not  cost  to  exceed  three  dollars  per 
volume,  for  each  set  of  three  volumes.     The  price  of  the 
books  and  cost  of  transportation  shall  be  paid  out  of  the 
contingent  fund  of  such  district.      (89  v.  241  §1.) 

Section    77^0.     During  the   vacations   of   schools,   or    Care  and 
when  they  are  ont  in  session  such  books  shall  be  taken  care    orbo7ks.*°" 
of  in  th^  same  manner  that  maps,  globes,  dictionaries  and 
other  school  apparatus  are  cared  for  and  preserved.     (89 
V.  241  §  2.) 

Section  7721.  Physical  training  shall  be  included  in  Physical 
the  branches  regularly  to  be  taught  in  public  schools  in  city  schools, 
school  districts,  and  in  all  educational  institutions  supported 
wholly  or  in  part  by  money  received  from  the  state.  -Boards 
of  education  of  city  school  districts,  and  boards  of  such 
educational  institutions  must  make  provisions  in  the  schools 
and  institutions  under  their  jurisdiction  for  teaching  phys- 
ical training,  and  adpot  such  methods  as  will  adapt  it  to  the 
capacity  of  pupils  in  the  various  grades  therein.  Other 
boards  may  make  such  provisions.  The  curriculum  in  all 
normal  schools  of  the  state  shall  contain  a  regular  course 
on  physical  education.     (97  v.  364  §1.) 

Section  7722.     Any  board  of  education  may  establish    ^^^^l^^f'^du- 
and  maintain  manual  training,  domestic  science,  and  com-    cation   as  to 
mercial  departments  ;  agriculture,  industrial,  vocational  and    Sg?  etc.  "^^'^ 


io8 


SCHOOLS    AND    ATTENDANCE. 


Instruction 
as   to    effect 
of  alcoholic 
drinks    on   the 
human     system 


Provision 
therefor. 


I  US',  ruction 
of    teachers. 


Examination 
of  teachers 
required. 


Duty    of    com- 
missioner   of 
common 

scliools. 


Forfeiture 
for    failure 
to    give    in- 
struction. 


W'lien  German 
language*  may 
be    taught. 


trades  schools,  also  kindergartens,  in  connection  with  the 
public  school  system;  and  pay  the  expenses  of  establishing 
and  maintaining  such  schools  from  the  public  school  funds, 
as  other  school  expenses  are  paid.     (lOO  v.  17  §  i.) 

Section  7723.  The  nature  of  alcoholic  drinks  and  oth- 
er narcotics,  and  their  effects  on  the  human  system,  in  con- 
nection with  the  various  divisions  of  physiology  and  hygiene, 
shall  be  included  in  the  branches  to  be  regularly  taught  in 
the  common  schools  of  the  state,  and  in  all  educational  in- 
stitutions supported  wholly,  or  in  part,  by  money  from  the 
state.     (94  V.  396  §  I.) 

Section  7724.  Boards  of  education,  and  boards  of 
such  educational  institutions  shall  make  suitable  provisions 
for  this  instruction  in  the  schools  and  institutions  under 
their  respective  jurisdictions,  giving  definite  time  and  place- 
therefor  in  the  regular  course  of  study ;  adopt  such  methods 
as  will  adapt  it  to  the  capacity  of  pupils  in  the  various 
grades ;  and  to  corresponding  classes  as  found  in  ungraded 
schools.  The  same  tests  for  promotion  shall  be  required 
in  this  as  in  other  branches.      (94  v.  396  §1.) 

Section  7725.  In  all  teachers'  institutes,  normal 
schools  and  teachers'  training  classes,  hereafter  established 
by  the  state,  adequate  time  and  attention  shall  be  given  to 
instruction  in  the  best  methods  of  teaching  such  branch. 
(94  V.  396  §2.) 

Section  7726.  No  certificate  shall  be  granted  to  any 
person  to  teach  in  the  common  schools,  or  in  any  education- 
al institution  supported  by  the  state  who  does  not  pass  a 
satisfactory  examination  on  such  subject,  and  the  best 
methods  of  teaching  it.     (94  v.  396  §  2.) 

Section  ']'/2'j.  The  state  commissioner  of  common- 
school  shall  see  that  the  provisions  in  the  next  two  preced- 
ing sections  relating  to  county  teachers'  institutes,  and 
schools  and  classes  by  whatever  name  hereafter  established 
for  training  teachers,  and  the  examination  of  teachers,  are 
carried  out.  Each  year,  he  must  make  full  report  of  the  en- 
forcement of  such  sections  in  connection  with  his  annua! 
report.     (94  v.  396  §  2.) 

Section  7728.  Any  school  official,  or  employe  in  any 
way  concerned,  in  the  enforcement  of  the  next  five  preced- 
ing sections  who  wilfully  refuses  or  neglects  to  provide  for, 
or  to  give  the  instruction  as  to  the  nature  and  effect  of  alco- 
holic drinks  and  other  narcotics,  hereinbefore  required,  shall 
forfeit  and  pay  for  each  offense  the  sum  of  twenty-five  dol- 
lars. Mayors,  justices  of  the  peace  and  probate  judges  shall 
have  concurrent  jurisdiction  with  the  common  pleas  court  to 
try  all  such  offenses.  All  forfeitures  collected  hereunder 
must  be  paid  into  the  general  county  school  fund  of  the 
county  in  which  it  was  collected.     (94  v.  397  §  3.) 

Section  7720.  Boards  of  education  may  provide  for 
•the  teaching  of  the  German  iangauge  in  the  elementary  and 


SCHOOLS    AND    ATTENDANCE. 


109 


high  schools  of  the  district  over  which  they  have  control, 
but  it  shall  only  be  taught  in  addition,  and  as  auxiliary  to, 
the  English  language.  All  the  common  branches  in  the  pub- 
lic schools  must  be  taught  in  the  English  language.  (R. 
S.  Sec.  4021.) 

Section  7730.  The  l^oard  of  education  of  any  town- 
ship school  district  may  suspend  the  schools  in  any  or  all 
subdistricts  in  the  township  district.  Upon  such  suspen- 
sion the  board  must  provide  for  the  conveyance  of  the  pupils 
residing,  in  such  subdistrict  or  subdistricts  to  a  public  school 
in  the  township  district,  or  to  a  public  school  in  another  dis- 
trict, the  cost  thereof  to  be  paid  out  of  the  funds  of  the 
township  school  district.  Or,  the  board  may  abolish  all  the 
subdistricts  providing  conveyance  is  furnished  to  one  or 
more  central  schools,  the  expense  thereof  to  be  paid  out  of 
the  funds  of  the  district.  No  sub-district  school  where  the 
average  daily  attendance  is  twelve  or  more,  shall  be  so  sus- 
pended or  abolished,  after  a  vote  has  been  taken  under  the 
provisions  of  law  therefor,  when  at  such  election  a  majority 
of  the  votes  cast  thereon  were  against  the  proposition  of 
centralization,  or  when  a  petition  has  been  filed  thereunder 
and  has  not  yet  been  voted  upon  at  an  election.  (R.  S.  Sec. 
3922.) 

The  courts  will  not  interfere  with  the  discretion  of  township  boards 
of  education  in  suspending  schools  in   subdistricts.     17  O.   D.   N.  P.,  269. 

Section  7731.  No  township  schools  shall  be  central- 
ized under  the  next  preceding  section  by  the  board  of  educa- 
tion of  the  township  until  after  sixty  days'  notice  has  been 
given  by  the  board,  such  notices  to  be  posted  in  a  conspicu- 
ous place  in  each  subdistrict  of  thei:ownship.  When  trans- 
portation of  pupils  is  provided  for,  the  conveyance  must 
pass  within  at  least  the  distance  of  one-half  of  a  mile  from 
the  respective  residences  of  all  pupils,  except  when  such 
residences  are  situated  more  than  one-half  of  a  mile  from 
the  public  road.  But  transportation  for  pupils  living  less 
than  one  and  one-half  miles,  by  the  most  direct  public  high- 
way, from  the  school  house  shall  be  optional  with  the  board 
of  education.     (R.  S.  Sec.  3922.) 

Section  7732.  Boards  of  education  of  special  school 
districts  may  provide  for  the  conveyance  of  the  pupils  of 
such  districts  to  the  school  or  schools  of  the  districts  or  to 
•  a  school  of  any  adjoining  district,  the  expense  thereof  to  be 
paid  from  the  school  fund  of  the  special  school  districts. 
But  boards  of  education  of  such  districts  as  provide  trans- 
portation for  the  pupils  thereof,  shall  not  be  required  to 
transport  pupils  living  less  than  one  mile  from  the  school- 
house;  and  sucK  boards  of  education  shall  not  discriminate 
between  different  portions  of  said  districts  or  between  pupils 
of  similar  ages  Or  residing  at  similar  distances  from  the 
school-house.      (R.    S.    Sec.    3934,    as    amended    April    2J, 

IQIO.) 

Section  7733.  At  its  option,  the  board  of  education 
in  any  villasfe  school  district  may  provide  for  the  conveyance 
of  the  pupils  of  the  district  or  any  adjoining  district,  to  the 


Suspension    of 
schools    in 
subdistricts; 
conveyance 
of  pupils. 


Centralization, 
notice    re- 
quired. 


Conveyance    of 
pupils    in 
special    dis- 
tricts. 


Conveyance 
of   pupils   in 
village    dis- 
tricts. 


no 


SCHOOLS    AND    ATTENDANCE. 


Pupils    may 
be  sent  from 
one  district  to 
another. 


Attendance   at 

nearest 

school. 


Expense    per 
capita. 


Not  to   apply 
when   schools 
are    central- 
ized. 


Sufficient 
school   ac- 
commodations 
to  be  pro- 
vided. 


school  or  schools  of  the  district,  the  expense  of  conveyance 
to  be  paid  from  the  school  funds  of  the  district  in  which 
such  pupils  reside.  But  such  boards  as  so  provide  trans- 
portation, shall  not  be  required  to  transport  pupils  living  less 
than  one  mile  from  the  school  house  or  houses.  (As  amend- 
ed May  10,  1910.) 

Section  7734.  The  board  of  any  district  may  contract 
with  the  board  of  another  district  for  the  admission  of  pupils 
into  any  school  in  such  other  district,  on  terms  agreed  upon 
by  such  boards.  The  expense  so  incurred  shall  be  paid  out 
of  the  school  funds  of  the  district  sending  such  pupils.  (R. 
S.  Sec.  4022.) 

Who  may  be  admitted  to  the  public  schools;     see   Sec.  4013. 
The  contract  must  be  express,  merely  permitting  the  attendance  of  a  non- 
re»ci*ht    pupil   creates   no   liability.     "50   O.    S.,   439. 

Section  7735.  When  pupils  live  more  than  one  and 
one-half  miles  from  the  school  to  which  they  are  assigned 
in  the  district  where  they  reside,  they  may  attend  a  nearer 
school  in  the  same  district,  or  if  there  be  none  nearer  there- 
in, then  the  nearest  school  in  another  school  district,  in  all 
grades  below  the  high  school.  In  such  cases  the  board  of 
education  of  the  district  in  which  they  reside  must  pay  the 
'tuition  of  such  pupils  without  an  agreement  to  that  effect. 
But  a  board  of  education  shall  not  collect  tuition  for  such 
attendance  until  after  notice  thereof  has  been  given  to  the 
board  of  education  of  the  district  where  the  pupils  reside. 
Nothing  herein  shall  require  the  consent  of  the  board  o^f 
education  of  the  district  where  the  pupils  reside,  to  such  at- 
tendance.    (R.  S.  Sec.  4022a.) 

The  foregoing  section  does  not  require  the  board  of  education  to 
admit  pupils  to  a  school  outside  the  district  in  which  they  reside  unless  the 
school  in  their  district  is  more  than  a  mile  and  a  half  from  their  residence, 
and  more  remote  from  their  residence  than  the  school  to  which  admission 
is   sought.      Boyce   v.    Board   of    Ed.,   76   O.    S.,   365. 

Section  7736.  Such  tuition  shall  be  paid  from  either 
the  tuition  or  the  contingent  funds  and  the  amount  per 
capita  must  be  ascertained  by  dividing  the  total  expenses  of 
conducting  the  elementary  schools  of  the  district  attended, 
exclusive  of  permanent  improvements  and  repairs,  by  the 
total  enrollment  in  the  elementary  schools  of  the  district, 
such  amount  to  be  computed  by  the  month.  An  attendance 
any  part  of  a  month  will  create  a  liability  for  the  whole 
month.     (R.  S.  Sec.  4022a.) 

Section  7737.^  When  the  schools  of  a  district  are  cen- 
tralized or  transportation  of  pupils  provided,  the  provisions 
of  the  next  two  preceding  sections  shall  not  apply.  (R.  S. 
Sec.  4022a.) 

No  contract  between  the  boards  is  necessary.  If  .the  receiving  board 
give  the  permission,  the  sending  board  must  pay,  no  permission  of  the  sending 
board  is  necessary.     10  C.   C,  617. 

The  distance  is  to  be  measured  by  the  most  direct  public  highwav,  from 
the  school  house  to  the  nearest  portion  of  the  curtilage  of  the  child's  resi- 
dence.    58  O.   S.,  390. 

Section  7738.  Every  board  of  education  in  this  state 
must  provide  sufficient  accommodations  in  the  public 
schools  for  all  children  in  their  districts  compelled  to  at- 


gCIlOOLS    AND    ATTENDANCE. 


Ill 


tend  the  public  schools  under  the  provisions  of  this  chapter. 
Authority  to  levy  the  tax  and  raise  the  money  necessary  for 
such  purpose,  is  hereby  given  the  proper  officers  charged 
with  such  duty  under  the  law.     (R.  S.  Sec.  4022-13.) 

Section  7739.  Each  board  of  education  may  furnish, 
free  of  charge,  school-books,  necessary  to  enable  the  parent 
or  guardian,  without  expense  therefor,  to  comply  with  the 
requirements  oi>this  chapter,  to  be  paid  for  out  of  the  con- 
tingent fund  at  its  disposal.  Such  levy  each  year,  in  addi- 
tion if  necessary  to  that  otherwise  authorized,  as  may  be 
necessary  to  furnish  such  school-books  free  of  charge  to  all 
the  pupils  attending  the  pubHc  schools,  is  hereby  authorized. 
But  pupils  wholly  or  in  part  supplied  with  necessary  school- 
books  shall  -be  supplied  only  as  other  or  new  books  arc 
needed.  All  school-books  furnished  as  herein  provided, 
shall  be  the  property  of  the  district,  and  loaned  to  the  pu- 
pils on  such  terms  and  conditions  as  each  such  board  pre- 
scribes.    (R.  S.  Sec.  4026.) 

Boards  of  education  which  furnish  free  text-books  to  pupils  in  the  schools 
under  their  con'rol  may  pay  <he  exchange  price  when  making  an  exchange 
of  text-books;  but  it  is  unlawful  to  do  so  when  the  board  has  not  previously 
adopted  the    free   text-book   plan   as   provided    for  by  Hw. 

Section  7740.  Each  board  of  county  school  exam- 
iners shall  hold  examinations  of  pupils  of  township  and 
special  districts,  and  of  village  districts  in  the  subjects  of 
orthography,  reading,  writing,  arithmetic,  English  grammar 
and  composition,  geography,  history  of  the  United  States, 
including  civil  government,  and  physiology.  Two  such  ex- 
aminations must  be  held  annually,  ort  the  third  Saturday  of 
April,  and  one  on  the  third  Saturday  of  May,  at  such  place 
or  places  as  such  board  designates.  (As  amended  April  15, 
1910.) 

Section  7741.  The  questions  for  all  such  examina- 
tions, throughout  the  state,  shall^  be  uniform  and  be  pre- 
pared under  the  direction  of  the  state  commissioner  of  com- 
mon schools.  Sample  lists  must  be  mailed,  under  seal,  to 
the  clerks  of  such  boards  of  examiners  not  less  than  ten 
days  before  each  examination.  Upon  receipt  of  the  lists, 
the  boards  are  required  to  have  a  sufficient  number  of  copies 
of  them  printed  for  use  at  the  examination.  Only  such  ap- 
plicants as  receive  an  average  grade  of  seventy  per  cent, 
with  no  grade  less  than  fifty  per  cent  in,  any  branch  shall 
be  passed.     (R.  S.  Sec.  4029-1.) 

Section  7742!  Upon  written  notice,  filed  by  a  suc- 
cessful applicant,  with  its  clerk,  each  township  board  of 
education,  must  provide  for  holding  a  township  commence- 
ment not  later  than  the  month  of  June,  at  some  place  within 
the  civil  township,  and  appoint  some  suitable  person  to 
have  charge  of  it.     (R.  S.  Sec.  4029-1.) 

Section  7743.  At  such  commencement  each  success- 
ful applicant  residing  in  the  township  school  district  or  any 
special  or  joint  sub-district  whose  school-house  is  locate  I 


I'^ree   school- 
books. 


Examination 
for  entering 
high    school. 


Preparation 
of   questions. 


Township 
commence- 
ment. 


Who  to  take- 
part  in  com- 
mencement. 


12 


SCHOOLS    AND    ATTENDANCE. 


"County    com- 
mencement ; 
diploma. 


Compensation 
of   county 
examiner 
and    clerk. 


Expense  of 
commence- 
ment. 


Diplomas, 
effect    of,    as 
to  tuition. 


Third    grade 
high    school, 
duty   of  board 
lo   graduates. 


within  the  civil  township  of  which  the  township  district 
forms  a  part,  shall  be  required  to  deliver  an  oration  or  dec- 
lamation, or  read  an  essay.  Thereupon  such  board  of  edu- 
cation must  issue  a  certificate  to  each  successful  applicant, 
stating  that  such  applicant  took  part  in  the  commencement. 
(R.  S.  Sec.  4029-1.) 

Section  7744.  The  board  of  county  school  examiners 
shall  provide  for  the  holding  of  a  county  commencement  not 
later  than  August  fifteenth,  at  such  place  as  it  determines. 
At  this  commencement  an  annual  address  must  be  delivered, 
at  the  conclusion  of  which  a  diploma  shall  be  presented  to 
each  successful  applicant  who  has  complied  \Vith  the  provi- 
sions hereof.  Such  diploma  shall  entitle  its  holder  to  enter 
any  high  school  in  the  state.      (R.  S.  Sec.  4029-1.) 

Section  7745.  The  compensation  of  county  examiners 
and  clerks  of  boards  thereof  shall  be  the  same  as  that  fixed 
by  law  for  the  examination  of  teachers.  Each  member  of 
such  board  of  examiners,  together  with  the  clerk  thereof, 
shall  be  allowed  the  minimum  fee  provided  for  holding  ex- 
aminations for  teachers  as  renimieration  for  his  services 
incident  to  the  county  Boxwell  commencement.  Such  com- 
pensation and  the  necessary  expenses  incident  to  the  exami- 
nation and  coimty  commencement  shall  be  paid  out  of  the 
county  treasury  as  provided  by  law  as  to  examinations  of 
teachers.  No  extra  compensation  shall  be  allowed  to  county 
examiners  for  holding  the  county  commencement.  (R.  S. 
Sec.  4029-2.) 

Section  7746.  The  expenses  incident  to  the  township 
commencement  shall  be  paid  by  the  tqwnsbip  board  of  edu- 
cation from  the  contingent  fund  of  the  township  district. 
When  the  pupils  of  special  districts  take  part  in  such  com- 
mencements the  board  of  education  of  such  districts,  from 
their  contingent  funds,  shall  pay  to  the  township  board  of 
education  their  share  of  such  expenses,  such  share  to  be 
based  on  the  proportion  of  pupils,  from  each  district,  taking 
part  in  such  commencements.      (R.  S.  Sec  4029-2.) 

Section  7747.  ^^^^  tuition  of  pupils  holding  diplomas 
and  residing  in  township  or  special  districts,  in  which  no 
high  school  is  maintained,  shall  be  paid  by  the  board  of 
education  of  the  school  district  in  which  they  have  legal 
school  residence,  such  tuition  to  be  computed  by  the  month. 
An  attendance  any  part  of  the  month  sh^ll  create  a  liability 
for  the  entire  month  ;  but  a  board  of  education  maintaining 
a  high  school  shall  not  charge  more  tuition  than  it  charges 
for  other  non-resident  pupils.     (R.  S.  Sec.  4029-3.) 

Section  7748.  A  board  of  education  providing  a  third 
grade  high  school  as  defined  by  law  shall  be  required  to  pay 
the  tuition, of  graduates  from  such  school  residing  in  the 
district  at  any  first  grade  high  school  for  two  years,  or  at  a 
second  grade  high  school  for  one  year  and  a  first  grade 
high  school  for  one  year.     Such  a  board  providing  a  second 


SCHOOLS    AND    ATTENDANCE. 


113 


grade  high  school  as  defined  by  law  shall  pay  the  tuition  of 
graduates  residing  in  the  district  at  any  first  grade  high 
school  for  one  year;  except  that,  a  board  maintaining  a 
second  or  third  grade  high  school  is  not  required  to  pay  such 
tuition  when  a  levy  of  twelve  mills  permitted  by  law  for 
such  district  has-been  reached  and  all  the  funds  so  raised  are 
necessary  for  the  support  of  the  schools  of  such  district. 
No  board  of  education  is  required  to  pay  the  tuition  of  any 
pupil  for  more  than  four  school  years ;  except  that  it  must 
pay  the  tuition  of  all  successful  applicants,  who  have  com- 
plied with  the  further  provisions  hereof,  residing  more  than 
four  miles  by  the  most  direct  route  of  public  travel,  from  the 
high  school  provided  by  the  board,  when  such  applicants  at- 
tend a  nearer  high  school,  or  in  lieu  of  paying  such  tuition 
the  board  of  education  maintaining  a  high  school  may  pay 
for  the  transportation  of  the  pupils  living  more  than  four 
miles  from  the  said  high  school,  maintained  by  the  said 
board  of  education  to  said  -high  school.  Where  more  than 
one  high  school  is  maintained,  by  agreement  of  the  board 
and  parent  or  guardian,  pupils  may  attend  either  and  their 
transportation  shall  be  so  paid.  A  pupil  living  in  a  village 
or  city  district  who  has  completed  the  elementary  school 
course  and  whose  legal  residence  has  been  transferred  to  a 
township  or  special  district  in  this  state  before  he  begins  or 
completes  a  high  school  course,  shall  be  entitled  to  all  the 
rights  and  privileges  of  a  Boxwell-Patterson  graduate.  (  As 
amended  May  10,  19 10.) 

The  foregoing  section  being  general  in  its  application,  includes  all  boards 
of  education  —  city,  village,  township  and  special.     Attorney   General. 

Section  7749.  When  the  elementary  schools  of  any  xransporta- 
township  school  district  in  which  a  high  school  is  maintained  tio"  to  high 
are  centralized  and  transportation  of  pupils  is  provided  all 
pupils  resident  of  the  township  school  district  holding  di- 
plomas shall  be  entitled  to  transportation  to  the  high  school 
of  such  township  district,  and  the  board  of  education  thereof 
shall  be  exempt  from  the  payment  of  the  tuition  of  such 
pupils  in  any  other  high  school  for  such  a  portion  of  four 
years  as  the  course  of  study  in  the  high  school  maintained 
by  the  board  of  education  includes.     (R.  S.  Sec.  4029-3.) 

Section  7750.  A  board  of  education  not  having  a 
high  school  may  enter  into  an  agreement  with  one  or  more 
boards  of  education  maintaining  such  school  for  the  school- 
ing of  all  its  high  school  pupils.  When  such  agreement  is 
made  the  board  making  it  shall  be  exempt  from  the  payment 
of  tuition  at  other  high  schools  of  pupils  living  within  three 
miles  of  the  school  designated  in  the  agreement,  if  the  school 
or  schools  selected  by  the  board  are  located  in  the  same 
civil  township,  as  that  of  the  board  making  it,  or  some  ad- 
joining township.  In  case  no  such  agreement  is  entered  in- 
to, the  school  to  be  attended  can  be  selected  by  the  pupil 
holding  a  diploma,  if  due  notice  in  writing  is  given  to  the 
clerk  of  the  board  of  education  of  the  name  of  the  school 
to  be  attended  and  the  date  the  attendance  is  to  begin,  such 

8      S.   L. 


Agreement, 
effect  of,  a 
to    tuition. 


114 


SCHOOLS    AND    ATTENDANCE. 


Tuition,_ 
how   paid. 


What    shall 
constitute    a 
high     school. 


Inspectors, 
appointment 
and   duties  of. 


Field    agents, 
roport    of. 


notice  to  be  filed  not  less  than  five  days  previous  to  the  be- 
ginning of  attendance.     (R.  S.  Sec.  4029-3.) 

Section  7751.  Such  tuition  shall  be  paid  from  either 
the  tuition  or  contingent  funds  and  when  the  board  of  edu- 
cation deems  it  necessary  it  may  levy,  a  tax  of  not  to  exceed 
two  mills  on  each  dollar  of  taxable  property  in  the  district 
in  excess  of  that  allowed  by  law  for  school  purposes.  The 
proceeds  of  such  levy  shall  be  kept  in  a  separate  fund  and 
applied  only  to  the  payment  of  such  tuition.  (R.  S.  Sec. 
4029-3.) 

Section  7752.  No  board  of  education  shall  be  entitled 
to  collect  tuition  under  this  chapter  unless  it  is  maintaining 
a  regularly  organized  high  school  with  a  course  of  study  ex- 
tending over  not  less  than  two  years  and  consisting  mainly 
of  branches  higher  than  those  in  which  the  pupil  is  exam- 
ined. The  standing  or  grade  of  all  public  high  schools  in 
the  state  shall  be  determined  by  the  state  commissioner  of 
common  schools,  and  his  finding  in  reference  thereto  shall 
be  final.     (R.  S.  Sec.  4029-4.) 

Section  7753.  To  aid  in  the  recognition  and  classifi- 
cation of  high  schools,  established  or  seeking  recognition  in 
accordance  with  the  provisions  of  this  chapter,  the  state 
commissioner  of  common  schools  shall  appoint  two  compe- 
tent inspectors.  Under  the  orders  and  supervision  of  the 
commissioner  of  schools  such  inspectors  shall  make  exami- 
nations of  any  public  schools  in  the  state,  visit  teachers'  in- 
stitutes, confer  with  various  school  authorities  and  assist 
the  state  commissioner  of  common  schools  in  such  other 
ways  as  he  may  direct ;  but  the  inspection  herein  authorized 
shall  not  be  a  substitute  for,  or  take  the  place  of,  the  inspec- 
tion made  by  the  Ohio  State  University  for  university  pur- 
poses. In  making  the  first  appointment  one  of  the  inspectors 
shall  be  named  for  one  year  and  one  for  two  years  and 
thereafter  the  appointment  shall  be  for  two  years.  Such 
inspectors  shall  be  paid  an  annual  salary  of  two  thousand 
dollars.     (R.  S.  Sec.  40?9-4a.) 

Section  7754.  The  visitors  or  field  agents  of  any  insti- 
tution of  higher  learning,  supported  wholly  or  in  part  by  the 
state  of  Ohio,  shall  furnish  the  state  commissioner  of  com- 
mon schools  with  a  report  of  all  inspection  of  public  high 
schools  made  by  them.  The  reports  shall  be  in  such  form 
as  the  commissioner  may  prescribe.     (R.  S.  Sec.  4029-4b.) 


SCHOOLS  FOR  THE  DEAF. 


Establishment  SECTION  7755-     Upou  application  by  a  board  of  educa- 

of  schools  for  tiou  of  any  school  district  in  Ohio  to  the  state  commissioner 
of^the"d?af.  of  schools,  he  shall  grant  permission  to  such  board,  and  it 
thereupon  may  maintain  within  its  limits  one  or  more  day 
schools,  having  an  average  attendance  of  not  less  than  three 
pupils,  for  the  instruction  of  deaf  persons  over  the  age  of 
three,  residents  of  this  state.     (98  v.  219  §  i.) 


SCHOOLS    AND    ATTENDANCE. 


IIS 


Report    to 
state    com- 
missioner   of 
schools. 


How  expense 
of  school  de- 
frayed. 


Section  7756.  A  board  of  education,  which  maintains 
one  or  more  day  schools  for  the  instruction  of  the  deaf,  shall 
report  to  the  state  commissioner  of  schools  annually,  and 
as  often  as  such  commissioner  directs,  such  facts  concerning 
such  school  or  schools  as  he  requires.     ( (98  v.  219  §  2.) 

Section  7757.  The  county  auditor  in  each  county  shall 
apportion  and,  the  county  treasurer  pay  out  of  the  state  com- 
mon school  fund  received  by  such  county,  to  the  treasurer  or 
other  financial  officer  of  a  board  of  education,  maintaining  a 
school  or  schools  for  the  instruction  of  the  deaf,  one  hun- 
dred and  fifty  dollars  for  each  deaf  pupil,  resident  of  such 
county,-  instructed  in  any  such  school  for  at  least  nine 
months  during  the  school  year  and  a  share  of  such  siim  pro- 
portionate to  the  term  of  instruction  of  any  such  pupil  so 
instructed  less  than  nine  months  during  such  year.  If  no 
school  is  maintained  in  a  county,  but  persons  residing 
therein  attend  such  school  in  another  county,  then  the 
county  treasurer  of  the  county  not  having  such  a- school  shall 
apportion  and  pay  to  the  financial  officer  of  the  board  of 
education  of  such  other  county  the  amount  above  specified 
for  each  pupil  attending  such  school  therein.  (98  v.  219 
§  3-) 

Section  7758.  The  sums  provided  in  the  next  preced- 
ing section  shall  be  paid  by  such  county  treasurer  as  soon 
as  may '  be  after  the  receipt  by  him  of  the  state  common 
school  fund  in  each  year,  upon  satisfactory  proof  made  to 
him  by  the  president  or  clerk  of  the  board  of  education 
maintaining  such  a  school,  of  the  number  of  pupils  instructed 
therein,  their  residences,  and  the  period  of  time  such  pupil 
was  so  instructed  in  such  school  or  schools',  the  preceding 
school  year.     (98  v.  219  §  4.) 

Section  7759.  Teachers  in  such  schools  shall  be  ap- 
pointed and  employed  as  are  other  public  school  teachers. 
Persons  appointed  to  teach  in  such  a  school  must  have  had 
special  training  for  teaching,  and  also  special  training  in  the 
teaching  of  the  deaf,  including  at  least  one  year's  experience 
as  a  teacher  in  a  school  for  the  deaf.  The  so-called  "oral" 
system  shall  be  taught  by  such  teachers.  If  after  fair  trial 
of  nine  months,  any  of  such  children,  for  any  reason,  is  un- 
able to  learn  such  method,  then  no  further  expense  shall  be 
incurred  in  effort  to  teach  such  child  in  such  primary 
schools.     (98  V.  219  §  5.) 

vSectton  7760.     For  the  purposes  hereof,  any  person  of    ^yj^^  ^^^^^  ^^ 
sound  mind,  who,  by  reason  of  defective  hearing,  cannot  pro-   considered 
fitably  be  educated  in  the  public  schools,  as  other  children, 
shall  be  considered  as  deaf.     (98  v.  220  §  6.) 


Payment    of 
expenses. 


Appointment 
and  qualifica. 
tions  of 
teachers. 


Section   7761.     The   state  school  commissioner  shall 


Inspection    of 


select  some  competent  person  to  inspect  all  such  day  schools    yhoois  for 
organized,  and  cause  an  inspection  thereof  to  be  made  at 
least  twice  a  year.     Persons  so  appointed  must  make  a  writ- 


Il6  SCHOOLS    AND    ATTENDANCE. 

ten  report  to  such  commissioner  of  the  buildings  in  which 
such  schools  are  held,  the  method  of  instruction  and  all  other 
matters  which  may  seem  to  be  of  interest  and  profit  to  the 
education  of  the  children  therein.     (98  v.  220  §  7.) 


CHAPTER  4. 

COMPULSORY  EDUCATION. 


Section 

77G2.  Branches  children  must  be  taught. 

7763.  Necessary  time  of  attendance;    excuse. 

7764.  Appeal  in   case  of   refusal  to  excuse. 

7765.  Employment    of    children    under    age    of 

sixteen   years. 

7766.  Age   and   schooling  certificate. 

7767.  Attendance  of  minors  in  certain  cases. 

7768.  Juvenile    disorderly  persons. 
7709.  Truant    officers. 

7770.  Powers. 

7771.  Duties. 

7772.  Report  of   principal  and  teachers. 

7773.  Proceedings  in  case  of  truancy. 


Section 

7774.  Proceedings    against    juvenile    disorderly 

persons. 

7775.  When    inmate    of    children's    home    com- 

mitted to  reformatory. 

7776.  Costs. 

7777.  Relief  to  enable  child  to  attend  school. 

7778.  Deaf  and  dumb  or  blind  institutions. 

7779.  Truant  officers  report  to  probate  judge. 

7780.  Proceedings  by   probate  judge. 

7781.  Costs. 

7782.  Notice  to  board  of-county  visitors. 

7783.  Employment   of  attorney;     compensation. 


Section  7762.  All  parents,  guardians  and  other  per- 
sons who  have  care  of  children,  shall  instruct  them,  or  cause 
them  to  be  instructed  in  reading,  spelling,  writing,  English 
grammar,  geography  and  arithmetic.     (R.  S.  Sec.  4022-1.) 

Section  7763.  Every  parent,  guardian  or  other  per- 
son having  charge  of  any  child  between  the  ages  of  eight  and 
fourteen  years  must  send  such  child  to  a  public,  private  or 
parochial  school,  for  the  full  time  that  the  school  attended 
is  in  session,  which  shall  in  no  case  be  for  less  than  twenty- 
eight  weeks.  Such  attendance  must  begin  within  the  first 
week  of  the  school  term,  unless  the  child  is  excused  there- 
from by  the  superintendent  of  the  public  schools,  in  city  or 
other  districts  having  such  superintendent,  or  by  the  clerk  of 
the  board  of  education  in  village,  special  and  township  dis- 
tricts not  having  a  superintendent,  or  by  the  principal  of  the 
private  or  parochial  school  upon  satisfactory  showing,  either 
that  the  bodily  or  mental  condition  of  the  child  does  not  per- 
mit of  its  attendance  at  school,  or  that  the  child  is  being  in- 
structed at  home  by  a  person  qualified,  in  the  opinion  of 
such  superintendent,  or  clerk  as  the  case  may  be,  to  teach 
the  branches  named  in  the  next  preceding  section.  (As 
amended  May  10,  1910.) 

Parent  not  complying  with  board  of  education's  order  to  vaccinate  child 
not  amenable  to  compulsory  education  act.     State  v.  Turney    31  O.   C.  C,  222, 

(12   N.   S.  33). 

Section  7764.  In  case  such  superintendent,  principal 
or  clerk  refuses  to  excuse  a  child  from  attendance  at  school, 
an  appeal  may  be  taken  from  such  decision  to  the  probate 
judge  of  the  county,  upon  the  giving  of  a  bond,  within  ten 
days  thereafter,  to  the  approval  of  such  judge,  to  pay  the 
costs  of  the  appeal.  His  decision  in  the  matter  shall  be  final. 
All  children  between  the  ages  of  fourteen  and  sixteen  years, 
not  engaged  in  some  regular  employment,  shall  attend  school 
for  the  full  term  the  schools  of  the  district  in  which  they  re- 
side are  in  session  during  the  school  year,  unless  excused  for 
the  reasons  above  named.     (R.  S.  Sec.  4022-1.) 

Section  12974.  Whoever,  being  a  parent,  guardian,  or  other 
person  having  the  care  of  a  child  between  the  age  of  eight  and 
fourteen   years,    fails   to   place  such   child  in   a   public,   private  or 

117 


Branches 
children   must 
be  taught. 


Necessary 
time   of   at- 
tendance; 
excuse. 


Appeal    in. 
case   of  re- 
fusal to 
excuse. 


Failure  to 
send  child  t©. 
school. 


ii8 


COMPULSORY 


Employment 
of    children 
under  the  ago 
of  sixteen 
years. 


Age    and 
schooling   car 
trficate. 


parochial  school  at  the  commencement  of  the  annual  school  term," 
in  accordance  with  the  law  relating  to  compulsory  education  and 
within  the  time  prescribed  in  such  law,  shall  be  fined  not  less  than 
hve  dollars  nor  more  than  twenty  dollars.  Upon  failure  or  refusal 
to  pay  such  fine,  said  parent,  guardian,  or  other  person  shall  be 
imprisoned  in  jail  not  less  than  ten  days  nor  more  than  thirty 
clays.     (R.  S.  Sec    4022-1.) 

Section  7765.  No  child  under  sixteen  years  of  age 
shall  be  employed  or  be  in  the  employment  of  any  person, 
company  or  corporation  during  the  school  term  and  while 
the  public  schools  are  in  session,  unless  such  child  presents 
to  such  person,  company  or  corporation  an  age  and  school- 
ing certificate  herein  provided  for  as  a  condition  of  employ- 
ment, who  shall  keep  the  same  on  file  for  inspection  by  the 
truant  officer  or  officers  of  the  department  of  workshops 
and  factories.     (As  amended  May  10,  1910.) 

Section  'j'jd^.  An  age  and  schooling  certificate  shall 
1:e  approved  only  by  the  superintendent  of  schools,  or  by  a 
person  authorized  by  him,  in  city  or  other  districts  having 
such  superintendent,  or  by  the  clerk  of  the  board  of  educa- 
tion in  village,  special  and  township  districts  not  having  such 
a  superintendent,  upon  satisfactory  proof  that  such  child  is 
over  fourteen  years  of  age,  and  that  such  child  has  been 
•examined  and  passed  a  satisfactory  fifth  grade  test  in  the 
studies  enumerated  in  section  seventy-seven  hundred  and 
sixty-two ;  provided,  that  residents  of  other  states  who  work 
in  Ohio  must  qualify  as  aforesaid  with  the  proper  school 
authority  in  the  school  district  in  which  the  establishment 
is  located,  as  a  condition  of  employment  or  service,  and 
tliat  the  employment  contemplated  by  the  child  is  not  pro- 
hibited by  any  law  regulating  the  employment  of  children 
under  sixteen  years  of  age.  Every  such  age  and  schooling 
certificate  shall  be  signed  in  the  presence  of  the  officer  issu- 
ing the  same,  by  the  child  in  whose  name  it  is  issued.  The 
age  and  schooling  certificate  must  be  formulated  by  the  state 
commissioner  of  common  schools  and  furnished,  in  blank, 
by  the  clerk  of  the  board  of  education.  Any  child  between 
fourteen  and  sixteen  years  of  age,  who  shall  cease  to  work 
for  any  cause  whatever  shall  report  the  fact  and  cause  at 
once  to  the  superintendent  of  schools,  or  by  a  person  author- 
ized by  him,  in  city  or  other  districts  having  such  superin- 
tendent, or  to  the  clerk  of  the  board  of  education  in  village, 
township  or  special  districts  not  having  such  superintendent; 
said  child  shall  be  required  to  return  to  school  within  two 
weeks,  provided  other  employment  is  not  secured  within 
such  time ;  provided,  that  should  a  child  in  the  opinion  of  the 
superintendent  or  person  authorized  by  him  in  cities  and  dis- 
tricts having  such  superintendent  or  the  clerk  of  the  board 
of  education  in  village,  township,  or  special  districts  lose  his 
employment  by  reason  of  persistent,  wilful  misconduct  or 
continuous  inconstancy,  he  may  be  placed  in  school  until 
the  close  of  the  current  school  year.  The  superintendent 
of  schools,  or  the  person  authorized  by  him  to  issue  age  and 
schooling  certificates,  shall  not  issue  such  certificate  until  he 


COMPULSORY   EDUCATION.  IIQ 

has  received,  examined  and  approved  and  filed  the  following 
papers  duly  executed  :     ( i )  The  written  pledge  or  promise 
of  the  person,  partnership  or  corporation  to  legally  employ 
the  child,  also  the  written  agreement  to  return  to  the  superin- 
tendent   of    schools    or   to    the   person    authorized    by  the 
superintendent  of  schools  to  issue  such  certificate,  the  age 
and  schooling  certificate  of  the  child,  within  two  days  from 
date  of  the  child's  withdrawal  or  dismissal  from  the  service 
of  the  person,  partnership  or  corporation,  giving  the  reason 
for  such  withdrawal  or  dismissal ;    (2)   The  school  record  of 
such  child  properly  filled  out  and  signed  by  the  principal  or 
other  person  in  charge  of  the  school  which  such  child  last 
attended,  giving  the  name,  age,  address,  standing  in  studies 
enumerated  in  Section  seven  thousand  seven  hundred  and 
sixty-two  and  number  of  weeks  attendance  in  school  during 
the  year  previous  to  applying  for  such  school  record,  and 
general 'conduct:  (3)  A  passport  or  duly  attested  transcript 
of  the  certificate  of  birth  or  baptism  or  other  religious  rec- 
ord, showing  the  date  and  place  of  birth  of  such  child;  a 
duly  attested  transcript  of  the  birth  certificate  filed  according 
to  law  with  a  registrar  of  vital  statistics,  or  other  officer 
charged  with  the  duty  of  recording  births,  shall  be  conclusive 
evidence  of  the  age  of  the  child ;  or  the  affidavit  of  the 
parent  or  guardian  or  custodian  of  the  child  applying  for 
an  age  and  schooHng  certificate  showing  the  place  and  date 
of  birth  of  such  child,  which  affidavit  must  be  taken  before 
the  officer  issuing  the  age  and  schooling  certificate,  who  is 
hereby  authorized  and  required  to  administer  such  oath,  and 
who  shall  not  receive  or  demand  a  fee  therefor;  (4)  When 
a  reasonable  doubt  exists  in  the  mind  of  the  superintendent     . 
or  the  person   authorized  by  him   that   the   child   has  not 
reached  the  normal  development  of  a  child  of  its  age  and  is 
not  in  sound  health  and  physically  able  to  perform  the  work 
which  it  intends  to  do,  he  shall  require  of  the  parent  or  guar- 
dian a  certificate  from  the  board  of  health  showing  that  the 
child  is  able  to  perform  the  work  he  is  to  be  employed  at. 
(As  amended  May  10,  1910.) 

Section  7767.  All  minors  over  the  age  of  fourteen  and  Attendance  of 
under  the  age  of  sixteen  years,  who  have  not  passed  a  satis- 
factory fifth  grade  test  in  the  studies  enumerated  in  Section 
seventy-seven  hundred  and  sixty-two,  shall  attend  school  as 
provided  in  Section  seventy-seven  hundred  and  sixty-three, 
and  all  the  provisions  thereof  shall  apply  to  such  minors. 

In  case  the  board  of  education  of  any  school  district 
establishes  part  time  day  schools  for  the  instruction  of  youth 
over  fourteen  years  of  age  who  are  engaged  in  regular  em- 
ployment, such  board  of  education  is  authorized  to  require 
all  youth  who  have  not  satisfactorily  completed  the  eighth 
grade  of  the  elementary  schools,  to  continue  their  schooling 
until  they  are  sixteen  years  of  age ;  provided,  however,  that 
such  youth  if  they  have  been  granted  age  and  schooling  cer- 
tificates and  are  regularly  employed,  shall  be  required  to  at- 
tend school  not  to  exceed  eight  hours  a  week  between  the 
hours  of  8  A.  M.  and  5  P.  M.  during  the  school  term.     All 


minors  in  cer- 
tain cases. 


120 


COMPULSORY   EDUCATION. 


Juvenile  dis- 
orderly per- 
sons. 


Tiuant 
c-fficers. 


Powe.b. 


Dulles. 


youth  between  fourteen  and  sixteen  years  of  age,  who  are 
not  employed,  shall  be  required  to  attend  school  the  full  time. 
(As  amended  May  lo,  1910.) 

Section  7768.  Every  child  between  the  ages  of  eight 
and  fourteen  years,  and  every  .child  between  the  ages  of 
fourteen  and  sixteen  years  not  engaged  in  some  regular  em- 
ployment, who  is  an  habitual  truant  from  school,  or  who 
absents  itself  habitually  from  school,  or  who,  while  in  at- 
tendance at  any  public,  private  or  parochial  school,  is  in- 
corrigible, vicious  or  immgral  in  conduct,  or  who  habitually 
wanders  about  the  streets  and  public  places  during  school 
hours  having  no  business  or  lawful  occupation,  or  violates 
any  of  the  provisions  of  this  act,  shall  be  deemed  a  delin- 
quent child,  and  shall  be  subject  to  the  provisions  of  law 
relating  to  delinquent  children.  (As  amended  May  10, 
1910.). 

Many  different  meanings  are  likely  to  be  attached  to  the  phrases  "regu- 
lar employment,"  "habitual  truant,"  "lawful  occupation,"  etc.,  and  in  the  ab- 
sence of  any  decision  of  the  court  defining  these  expressions,  it  is  very  diffi- 
cult, in  fact  scarcely  possible,  to  draw  an  exact  line  of  definition.  Boards  of 
education  should  adopt  rules  governing  such  matters.  Such  rules  should 
inform  the  public  as  to  the  interpretation  placed  upon  these  expressions  by 
the  board,  and  if  reasonable,  would  almost  certainly  be  sustained  by  the 
courts. 

Section  7769.  To  aid  in  the  enforcement  hereof,  tru- 
ant officers  shall  be  appointed  as  follows :  In  city  districts 
the  board  of  education  must  appoint  and  employ  a  truant 
officer,  and  may  employ  such  assistants  to  such  truant  officer 
as  may  be  deemed  advisable ;  in  special,  village  and  town- 
ship districts  the  board  of  education  shall  appoint  a  con- 
stable or  other  person  as  truant  officer.  The  compensation 
of  the  truant  officer  and  assistants  shall  be  fixed  and  paid 
by  the  board  appointing  them.  (As  amended  May  10, 
1910.) 

Section  7770.  The  truant  officer  and  assistants  shall 
be  vested  with  police  powers,  the  authority  to  serve  war- 
rants, and  have  authority  to  enter  workshops,  factories, 
stores  and  all  other  places  where  children  are  employed, 
and  do  whatever  may  be  necessary,  in  the  way  of  investiga- 
tion or  otherwise,  to  enforce  this  act.  He  also  may  take 
into  custody  any  youth  between  eight  and  fourteen  years  of 
age,  or  between  fourteen  and  sixteen  years  of  age  when 
not  regularly  employed  who  is  not  attending  school,  and  shall 
conduct  such  youth  to  the  school  he  has  been  attending,  or 
which  he  rightfully  should  attend.  (As  amended  May  10, 
1910.) 

Section  7771.  The  truant  officer  shall  institute  pro- 
ceedings against  any  officer,  parent,  guardian,  person,  part- 
nership or  corporation  violating  any  provisions  of  this  chap- 
te.-,  and  otherwise  discharge  the  duties  described  therein,  and 
perform  such  other  services  as  the  superintendent  of  schools 
or  the  board  of  education  may  deem  necessary  to  preserve 
the  morals  and  secure  the  good  conduct  of  school  children, 
and  to  enforce  the  provisions  of  this  chapter.     The  truant 


COMPULSORY   EDUCATION.  121 

officer  shall  keep  on  file  the  name,  address  and  record  of  all 
children  between  the  ages  of  fourteen  and  sixteen  to  whom 
age  and  schooling  certificates  have  been  granted  who  desire 
employment,  and  manufacturers,  employers  or  other  persons 
requiring  help  of  legal  age  shall  have  access  to  such  files. 
The  truant  officer  shall  co-operate  with  the  department  of 
workshops  and  factories  in  enforcing  the  conditions  and  re- 
quirements of  the  child  labor  laws  of  Ohio,  furnishing  upon 
request  such  data  as  he  has  collected  in  his  reports  of  chil- 
dren from  eight  to  sixteen  years  of  age  and  also  concerning 
employers,  to  the  department  of  workshops  and  factories 
and  to  the  state  commissioner  of  schools.  He  must  keep  a 
record  of  his  transactions  for  the  inspection  and  informa- 
tiorrof  the  superintendent  of  schools  and  the  board  of  edu- 
cation ;  and  make  daily  reports  to  the  superintendent  during 
the  school  term  in  districts  having  them,  and  to  the  clerk  of 
the  board  of  education  in  districts  not  having  superintend- 
ents as  often  as  required  by  him.  Suitable  blanks  for  the 
use  of  the  truant  officer  shall  be  provided  by  the  clerk  of  the 
board  of  echication.     (As  amended  May  lo,  1910.) 

Chief  and  district  inspectors  of  workshops  have  authority  of  truant  offi 
cers,   etc.,   under  act   as  to   employment  of   minors;     see   Sec.   6246. 

Where  a  pupil  is  attending  school  in  a  district  in  which  he  does  not 
reside,  he  is  under  the  jurisdiction,  of  the  school  officers  of  the  district  where 
he  attends. 

Section  7772.  Principals  and  teachers  of  all  schools,  Report  of 
public,  private  and  parochial,  shall  report  to  the  clerk  of  the  fea""e^rs. 
board  of  education  of  the  city,  special,  village  or  township 
district  in  which  the  schools  are  situated,  the  names,  ages 
and  residence  of  all  pupils  in  attendance  at  their  schools, 
together  with  such  other  facts  as  said  clerk  may  require  in 
order  to  facilitate  the  carrying  out  of  the  provisions  of  this 
chapter.  The  clerk  shall  furnish  blanks  for  such  purpose, 
and  such  report  shall  be  made  during  the' last  week  of  each 
month  from  September  to  June  inclusive  of  each  year.  Sucli 
principals  and  teachers  also  must  report  to  the  truant  officer, 
the  superintendent  of  pubHc  schools,  or  the  clerk  of  the 
board  of  education,  all  cases  of  truancy  or  incorrigibility  in 
their  .respective  schools  as  soon  after  these  offenses  have 
been  committed  as  practicable.  It  shall  further  be  within 
the  power  of  all  principals  or  teachers  in  charge  of  schools, 
wherever  a  child,  in  school  reaches  his  or  her  twelfth  year 
and  has  not  completed  the  fourth  grade  work  in  the  studies 
enumerated  in  Section  seventy-seven  hundred  sixty-two,  to 
relieve  such  child  fron:i^  pursuing  the  regular  course  pre- 
scibed  and  cause  such  child  to  give  his  entire  time  to  read- 
ing, writing,  spelling,  geography,  arithmetic  and  the  use  of 
the  English  language  with  as  much  manual  training  as  op- 
portunity and  funds  will  permit.  (As  amended  May  10. 
1910.) 

Boards  of  education  should  have  blank  forms  printed  to  comply  with  the 
provisions  of  this  section  of  the  law. 

Section  7773.     On  the  request  of  the  superintendent    proceedings 
of  schools  or  the  board  of  education  or  when  it  otherwise   in  case  of 
comes  to  his  notice,  the  truant  officer  shall  examine  into   ^'■"^"^y- 


122  COMPULSORY   EDUCATIOiY. 

any  case  of  truancy  within  his  district,  and  warn  the  tru- 
ant and  his  parents,  guardian  or  other  person  in  charge,  in 
writing,  of  the  final  consequences  of  truancy  if  persisted  in. 
When  any  child  between  the  ages  of  eight  and  fourteen 
years,  or  between  the  ages  of  fourteen  and  sixteen  years,  in 
violation  of  the  provisions  of  this  chapter  is  not  regularly 
employed,  is  not  attending  school,  the  truant  officer  shall 
notify  the  parent,  guardian  or  other  person  in  charge  of 
such  child,  of  the  fact,  and  require  such  parent,  guardian  or 
other  person  in  charge,  to  cause  the  child  to  attend  some 
recognized  school  within .  two  days  from  the  date  of  the 
notice;  and  it  shall  be  the  duty  of  the  parent,  guardian  or 
other  person  in  charge  of  the  child  so  to  cause  its  attend- 
ance at  some  recognized  school.  Upon  failure  to  do  so,  the 
truant  officer  shall  make  complaint  against  the  parent,  guar- 
(h?n  or  other  person  in  charge  of  the  child,  in  any  court  of 
competent  jurisdiction  in  the  city,  special,  village  or  town- 
ship district  in  which  the  offense  occurred  for  such  failure. 
(As  amended  May  lo,  19 lo.) 

Section  12975.  Whoever  employs  a  minor  under  sixteen  years 
of  age  before  exacting  from  such  minor  the  age  and  schooling 
r  rtificate  provided  by  law^,  or  fails  to  keep  such  certificate  on 
file,  or  who  fails  to  return  to  the  superintendent  of  schools  or 
ihe  person  authorized  by  him  such  certificate  within  two  days 
from  such  minor's  withdrawal  or  dismissal  from  his  services  as 
])rovided  in  Section  seventy-seven  hundred  and  sixty  or  to  permit 
-'!  truant  officer,  upon  request  therefor,  to  examine  such  certificate, 
'^^all  be  fined  not  less  than  twenty-five  dollars  nor  more  than 
fifty  dollars.      (As  amended  May  10,   1910.) 

Section  12977.  Whoever,  being  the  parent  or  guardian  or 
other  person  in  charge  of  a  minor  between  eight  and  fourteen 
years  of  age,  or  a  minor  between  fourteen  and  sixteen  years  of 
age  who  has  not  passed  a  satisfactory  fifth  grade  test  in  the 
studies  enumerated  in  Section  seventy-seven  hundred  and  sixty- 
tvv^o,  or  is  not  regularly  employed,  upon  notice  from  a  truant  of- 
ficer as  provided  by  law,  fails  to  cause  such  minor  to  attend  a 
public,  private,  or  parochial  school,  unless  such  person  proves  his 
inability  so  to  do,  shall  be  fined  not  less  than  five  dollars  nor  more 
than  twenty  dollars,  or  the  court  may  in  its  discretion,  require  the 
P'  rson  so  convicted  to  give  a  bond  in  the  sum  of  one  hundred 
dollars,  with  sureties  to  the  approval  of  the  court,  conditioned 
th:it  he  or  she  will  cause  the  child  under  his  or  her  charge  to 
.'Utend  some  recognized  school  within  two  days  thereafter  and  to 
remain  at  such  school  during  the  term  prescribed  by  law;  and 
ri  on  the  failure  or  refusal  of  any  such  parent,  guardian  or  other 
person  to  pay  said  fine  and  costs  or  furnish  said  bond  according 
to  the  order  of  the  court,  then  said  parent,  guardian  or  other 
person  shall  be  imprisoned  in  the  county  jail  not  less  than  ten 
days  nor  more  than  thirty  days.      (As  amended   May   10,   1910.) 

Proceedings  Sfxtion  7774-     If  the  parent,  guardian  or  other  person 

fi?'dilorSy"    ^"  charge  of  any  child,  upon  complaint  for  a  failure  to  cause 
persons.  tie  cliild  to  attend  a  recognized  school,  proves  inability  to 

do  so,  then  he  or  she  must  be  discharged  and  thereupon  the 
truant  officer  shall  make  complaint  that  the  child  is  a  juve- 
nile disorderly  person  within  the  meaning  of  section  seventy- 
seven  hundred  and  sixty-eight.  If  such  complaint  be  made 
before  a  mayor,  justice  of  the  peace,  or  police  judge,  it  must 
be  certified  by  such  magistrate  to  the  probate  judge.     The 


COMPULSORY   EDUCATION. 


123 


probate  judge  shall  hear  the  complaint,  and  if  he  determines 
that  the  child  is  a  juvenile  disorderly  person  within  the 
meaning  of  such  section,  and  if  under  ten  years  of  age,  and 
eligible  for  admission  thereto,  he  shall  commit  the  child  to 
a  children's  home,  or  if  not  eligible,  then  to  a  house  of 
refuge,  if  there  be  one  in  the  county  or  to  the  boys'  indus- 
trial school  or  the  girls'  industrial  home,  or  to  some  other 
juvenile  reformatory.     (R.  S.  Sec.  4022-8.) 

Section  7775.     No  child  over  ten  years  of  age  shall  be   when  inmate 
committed  to  a  count}^  children's  home.     Any  child  com-    home^com"'^ 
mitted  to  such  a  home,  on  request  of  the  trustees  thereof,    mitted  to 
and  it  being  shown  that  it  is  vicious  and  incorrigible,  may   ^^  o™^t°''y- 
be  transferred  by  the  probate  judge  to  the  boys'  industrial 
school  or  the  girls'  industrial  home.     A  child  committed  to 
any  juvenile  reformatory  under  the  next  preceding  section, 
shall   not    be    detained    there    beyond    the   age    of    sixteen 
years  and  may  be  discharged  sooner  by  the  trustees  under 
the  restrictions  applicable  to  other  inmates.     An  order  of 
commitment  to  a  juvenile  reformatory  may  be  suspended, 
in  the  discretion  of  the  probate  judge,  and  for  such  time  as 
the   child   regularly   attends   school   and  properly   conducts 
itself.     (R.  S.  Sec.  4022-8.) 


Section  7776.  The  expense  incurred  in  the  transpor- 
tation of  a  child  to  a  juvenile  reformatory  and  the  costs  in 
the  case  in  which  the  order  of  commitment  is  made,  or  the 
child  discharged,  or  in  which  judgment  is  suspended,  shall 
be  paid  by  the  county  where  the  oflfense  was  committed, 
after  the  manner  provided  in  case  of  commitment  to  a  boys' 
industrial  school.  But  if  for  any  cause  the  parent,  guar- 
dian or  other  person  in  charge  of  a  juvenile  disorderly  per- 
son as  defined  in  section  seventy-seven  hundred  and  sixty- 
eight  fails  to  cause  such  person  to  attend  school,  then  com- 
plaint against  such  person  shall  be  made,  heard  and  de- 
termined in  like  manner  as  provided  in  case  the  parent 
proves  inability  to  cause  such  person  to  attend  school.  (R. 
S.  Sec.  4022-8.) 

Section  7777.  When  a  truant  officer  is  satisfied  that 
a  child,  compelled  to  attend  school  by  the  provisions  of  this 
chapter,  is  unable  to  do  so  because  absolutely  required  to 
work  at  home  or  elsewhere  in  order  to  support  itself  or  help 
to  support  or  care  for  others  legally  entitled  to  its  services 
who  are  unable  to  support  "or  care  for  themselves,  such  of- 
ficer must  report  the  case  to  the  president  of  the  board  of 
education.  Thereupon  he  shall  furnish  text  books  free  of 
charge,  and  such  other  relief  as  may  be  necessary  to  enable 
the  child  to  attend  school  for  the  time  each  year  required  by 
law.  The  expenses  incident  to  furnishing  books  and  relief 
must  be  paid  from  the  contingent  funds  of  the  school  dis- 
trict. Such  child  shall  not  be  considered  or  declared  a 
pauper  by  reason  of  the  acceptance  of  the  rehef  herein  pro- 
\ided  for.     If  the  child,  or  its  parents  or  guardian,  refuses 


Costs. 


Relief    to 
enable    child 
to    attend 
school. 


124 


COMPULSORY   EDUCATION, 


Truant    offi- 
cers report  to 
probate  judge. 


Proceedings 
by    probate 
judge. 


or  neglects  to  take  advantage  of  the  provisions  thus  made 
for  its  instruction,  it  may  be  committed  to  a  children's  home 
or  r.  juvenile  reformatory,  as  provided  for  in  the  next  three 
{•receding  sections.     (R.  S.  Sec.  4022-9.) 

Deaf  and  SECTION  7778.     The  provisions  of  this  chapter  shall 

Sfut^ions!'""^  apply  to  children  entitled  under  existing  statutes,  to  attend 
school  at  the  institution  for  the  deaf  and  dumb  or  the  in- 
stitution for  the  blind,  so  far  as  they  are  properly  enforc- 
ible.     (R.  S.  Sec.  4022-10.) 

Section  7779.  Annually  between  the*  first  day  of  July 
and  the  first  day  of  August,  truant  officers  must  report  to 
the  probate  judge  of  their  respective  counties  the  names, 
ages  and  residences  of  all  such  children  between  the  ages 
of  eight  and  eighteen  years,  with  the  names  and  postoffice 
address  of  their  parents,  guardians  or  the  persons  in  charge 
of  them;  also  a  statement  whether  the  parents,  guardians 
or  persons  in  charge  of  each  child  is  able  to  educate  and  is 
educating  the  child,  or  whether  the  interests  of  the  child 
will  be  promoted  by  sending  it  to  one  of  the  state  institutions 
mentioned.     (R.  S.  Sec.  4022-10.) 

Section  7780.  Upon  information  thus  or  otherwise 
obtained,  the  probate  judge  may  fix  a  time  when  he  will  hear 
the  question  whether  any  such  child  shall  be  required  to  be 
sent  for  instruction  to  one  of  the  state  institutions  men- 
tioned, and  thereupon  issue  a  warrant  to  the  proper  truant 
officer  or  some  other  suitable  person,  to  bring  the  child  be- 
fore him,  at  his  office  at  the  time  fixed  far  the  hearing.  He 
also  shall  issue  an  order  on  the  parents,  guardian  or  persoir 
in  charge  of  the  child  to  appear  before  him  at  such  hearing, 
a  copy  of  which  order,  in  waiting,  must  be  served  person- 
ally on  the  proper  person  by  the  truant  officer  or  other  per- 
L^on  ordered  to  bring  the  child  before  the  judge.  If,  on  the 
hearing,  the  probate  judge  is  satisfied  that  the  child  is  not 
being  properly  educated  at  home,  and  will  be  benefited  by 
attendance  at  one  of  the  state  institutions  mentioned,  and 
is  a  suitable  person  to  receive  instruction  therein,  he  may 
send  or  commit  such  child  thereto.     (R.  S.  Sec.  4022-10.) 

Section  7781.  The  costs  of  such  hearing,  and  the 
transportation  of  the  child  to  such  institution  shall  be  paid 
by  the  county  after  the  manner  provided,  when  a  child  is 
committed  to  a  state  reformatory.  Nothing  in  the  next  two 
preceding  sections  shall  require  the  trustees  of  either  of  the 
state  institutions  mentioned,  to  receive  any  child  not  a  suit- 
able subject  to  be  received  and  instructed  therein,  under  the 
laws,  rules  and  regulations  governing  such  institutions.  (R. 
S.  Sec.  4022-10.) 

Section  7782.  In  every  case  of  complaint  against  a 
child  involving  commitment  to  a  children's  home  or  juve- 
nile reformatory,  the  board  of  county  visitors  shall  be  noti- 
fied and  must  attend  and  protect  the  interest  of  the  child 
on  the  hearing,  as  provided  by  law  in  regard  to  the  commit- 


Costs. 


Notice    to 
board   of 
county 
visitors. 


COMPULSORY   EDUCATION 


125 


iiient  to  an  industrial  or  reform  school.  The  order  of  com- 
mitment of  the  child  to  a  state  reformatory  must  show  that 
the  county  visitors  were  so  notified  and  attended  the  hear- 
ing.    (R.  S.  Sec.  4022-11.) 

Section  7783.  Boards  of  education  are  authorized  to 
employ  legal  counsel  to  prosecute  any  case  arising  under  the 
provisions  of  this  chapter  when  it  deems  that  necessary. 
The  services  of  such  counsel  shall  be  paid  for  from  the  con- 
tingent fund  of  the  district.     (R.  S.  Sec.  4022-11.) 

Section  12981.  Whoever,  being  an  officer,  principal,  teacher, 
or  other  person,  neglects  to  perform  a  duty  imposed  upon  him  by 
the  laws  relating  to  compulsory  education  or  employment  of 
minors,  for  Which  a  specific  penalty  is  not  provided  by  law,  shall 
be  fined  not  less  than  twenty-five  dollars  nor  more  than  fifty  dol- 
lars for  each  offense.     (R.  S.  Sec.  4022-11.) 

Section  12982.  Whoever,  being  an  officer  or  agent  of  a  cor- 
poration, violates  any  provision  of  law  relating  to  the  compulsory 
education  or  employment  of  minors,  or  participates  or  acquiesces 
in,  or  is  cognizant  of  such  violation,  where  a  specific  penalty  is 
not  otherwise  provided  by  law,  shall  be  fined  not  less  than  twenty- 
five  dollars  nor  more  than  fifty  dollars.     (R.  S.  Sec.  4022-11.) 

Section  12983.  Whoever  violates  any  provision  of  law  re- 
lating to  the  compulsory  education  or  employment  of  minors,  for 
which  a  specific  penalty  is  not  provided  by  law,  shall  be  fined  not 
more  than  fifty  dollars.      (R.  S.  Sec.  4022-11.) 

Section  12984.  Mayors,  justices  of  the  peace,  police-  judges 
and  probate  judges  shall  have  final  jurisdiction  to  try  the  offenses 
prescribed  in  the  next  ten  preceding  sections.  When  complaint  is 
made,  information  filed,  or  indictment  found  against  a  corporation 
for  violating  any  provision  of  such  sections,  summons  shall  be 
served,  appearance  made,  or  plea  entered  as  provided  by  law  in 
cases  where  an  indictment  is  presented  against  a  corporation,  ex- 
cept in  complaints  before  magistrates,  when  service  may  be  made 
by  the  constable.  In  other  cases  process  shall  be  served  and  pro- 
ceedings had  as  in  cases  of  misdemeanor.      (R.   S.   Sec.  4022-11.) 

Section  12985.  Fines  collected  under  the  provisions  of  the 
next  eleven  preceding  sections  shall  be  paid  into  the  funds  of  the 
school  district  in  which  the  offense  was  committed.  (R.  S.  Sec. 
4022-11.) 

Section  12986.  Whoever,  having  been  convicted  of  a  vio- 
lation of  any  provision  of  law  relating  to  the  compulsory  educa- 
tion or  employment  of  minors,  again  violates  a  provision  of  such 
laws,  shall  be  imprisoned  not  less  than  ten  days  nor  more  than 
thirty  days.     (R.  S.  Sec.  4022-12.) 

Section  12987.  On  complaint  before  a  mayor,  justice  of  the 
peace  or  police  judge  of  a  second  or  further  violation  of  the  laws 
relating  to  the  compulsorv'  education  or  employment  of  minors,  if 
a  trial  by  jury  is  not  waived,  a  jury  shall  be  chosen  and  proceed- 
ings had  therein  as  provided  by  law  in  cases  of  a  violation  of  the 
law  for  the  prevention  of  cruelty  to  animals  and  children,  (R.  S. 
Sec.  4022-12.) 

Section  12988.  No  person  or  officer  instituting  proceedings 
under  the  next  fourteen  preceding  sections  shall  be  required  to 
file  or  give  security  for  costs.  If  a  defendant  is  acquitted  or  dis- 
charged, or  if  convicted  and  committed  to  jail  in  default  of  pay- 
ment of  fine  and  costs,  the  justice,  mayor,  police  judge  or  probate 
judge  before  whom  such  case  was  brought  shall  certify  such  costs 
to  the  county  auditor,  who  shall  examine  the  amount  and,  if  neces- 
sary, correct  it  and  issue  his  warrant  to  the  county  treasurer  in 
favor  of  the  respective  persons  to  whom  such  costs  are  due  for  the 
amount  due  to   each.      (R.   S.   Sec.  4022-14.) 


Employment 
of  attorney; 
compensation. 


Violating  com- 
pulsory educa- 
tion  laws. 


Same. 


Same. 


Jurisdiction 
of  mayors 
et.  al. 


Fines. 


Second    viola- 
tion  of  com- 
pulsory educa- 
tion  or   em- 
f)loyment 
aws. 


Jury    in 
such  case. 


Costs  in 

certain 
prosecutions. 


CHAPTBE  5. 


REPORTS. 


Section 

7784.  Reports  by  superintendents    and    teachers. 

7785.  Special    reports    by    superintendents    and 

teachers. 

7786.  When  orders  of  clerk   for  teachers'   pay* 

illegal. 

7787.  Annual  report  of  board  of  education;    its 

contents. 

7788.  In  what  form  to  be  made,  etc. 


Section 


7789. 


7790. 
7791. 


7792. 
779.3. 


Duty  of  county  auditor  as  to  school  sta- 
tistics, etc. 

Penalty   for   failure  to  make   reports. 

When  auditor  to  appoint  person  to  make 
reports. 

Further  penalties  against   auditor. 

Compensation  of  auditor. 


Reports  by  Sfxtion  7784.     Boarcls  of  cducation  shall  require  all 

IntJTnd"^'      teachers  and  superintendents  to  keep  the  school  records  in 
teachers.  c;uch  manner  that  they  may  be  enabled  to  report  annually 

to  the  county  auditor  and  state  commissioner  of  common 
schools,  as  required  by  the  provisions  of  this  title  and  shall 
withhold  the  pay  of  such  teachers  and  superintendents  as 
fail  to  file  the  reports  required  of  them.  The  records  of 
each  school,  in  addition  to  all  other  requirements  shall  be 
so  kept  as  to  exhibit  the  names  of  all  pupils  enrolled  therein, 
the  studies  pursued ;  also,  indicate  the  character  of  the  work 
done,  the  standing  of  each  pupil,  and  must  be  as  near  uni- 
form throughout  the  state  as  is  practicable.  (R.  S.  Sec. 
4059-) 

Special  reports  SECTION  7785.     Such  boards  may  require  superintend- 

t'e^ndlnt's^"an'd     ^^^^  ^^^  tcachcrs  to  report  matters  the  boards  deem  impor- 
teachers.  taiit  or  ucccssary  for  information  in  regard  to  the  manage- 

ment and  conduct  of  the  schools  and  to  make  such  sug- 
gestions and  recommendations  as  they  deem  advisable  rela- 
tive to  methods  of  instruction,  school  management,  or  other 
matters  of  educational  interest.  The  board  of  education  of 
each  city  district  shall  prepare  and  publish  annually  a  report 
of  the  condition  and  administration  of  the  schools  under  its 
charge,  and  include  therein  a  complete  exhibit  of  the  finan- 
cial affairs  of  the  district.     (R.  S.  Sec.  4059.) 


When   orders 
of  clerk  for 
teachers'    pay 
illegal. 


Section  7786.  No  clerk  of  a  board  shall  draw  an 
order  on  the  treasurer  for  the  payment  of  a  teacher  for 
services  until  the  teacher  files  with  him  such  reports  as  are 
rec[uired  by  the  state  commissioner  of  common  schools  and 
the  board  of  education,  a  legal  certificate  of  qualification,  or 
a  true  copy  thereof,  covering  the  entire  time  of  the  service, 
and  a  statement  of  the  branches  taught.  But  orders  may 
be  drawn  for  the  payment  of  special  teachers  of  drawing, 
painting,  penmanship,  music,  gymnastics,  or  a  foreign  lan- 
guage, on  presentation  of  a  certificate  to  the  clerk,  signed 
by  a  majority  of  the  examiners,  and  the  filing  with  him  of 
a  true  copy  thereof,  covering  the  time  for  which  the  special 
teacher  has  been  employed  and  the  specialty  taught.  (R. 
S.  Sec.  4051.) 

An  order  drawn  by  the  clerk  of  the  board  of  education,  under  the  statute, 
in   favor  of  a  third  person   or   bearer,   on   the  township   treasurer,   is   not   ncgo 

126 


REPORTS. 


127 


tiable,    and   a    purchaser    takes    such    order    subject    to    the    same    defenses   that 
could  be   made  against   it   in  the  hands  of   the   payee,     22   O.   S.,  144. 

The  written  acceptance  of  such  order  by  the  predecessor  of  the  town- 
ship treasurer,  to  whom  it  was  presented  for  payment,  imposes  no  greater 
obligation  on  the  latter  to  pay  the  same,  than  he  would  have  been  under 
had    it       been    presented    without    such    acceptance.      Id. 

Not  only  Ihe  teacher,  but  each  membsr  of  the  board  of  education,  is 
severally  liiible  for  the  repayment  of  money  paid  under  their  vote  and  order, 
to  a  teacher  wlio  dors  not  hold  a  certificate  as  required  by  law.  The  same  rule, 
applies  to  all  payments  made  to  teachers  before  reports  required  by  law,  by 
the  State  Commissioner  of  Common  Schools,  and  by  the  board  of  education, 
have   been   made. 

An  assistant  teacher  who  has  not  a  legal  certificate  cannot  be  paid 
through  an  order  drawn  in  favor  of  another  teacher  who  had  a  certificate, 
nor  can  any  uncertificated  teacher,  who  is  employed  as  a  substitute,  receive 
pay  through   another   teacher. 

The  term  "entire  term  of  service,"  as  used  in  this  sec -ion,  refers  to  the 
time  of  service  covered  by  the  order  to  be  drawn,  not  to  the  entire  time  ot 
employment. 

Section  7787.  The.board  of  education  of  each  district 
shall  make  a  report  to  the  county  auditor,  on  or  before  th.e 
first  day  of  September  in  each  year,  containing  a  statement 
of  the  receipts  and  expenditures  of  the  board,  the  number 
of  schools  sustained,  the  length  of  time  they  were  sustained, 
the  enrollment  of  pupils,  the  average  monthly  enrollment, 
and  average  daily  attendance,  the  number  of  teachers  em- 
ployed, and  their  salaries;  the  number  of  school-houses  and 
school  rooms,  and  such  other  items  as  the  commissioner  of 
common  schools  requires.     (R.  S.  Sec.  4057.) 

Section  7788.  Such  report  must  be  made  on  blanks 
which  shall  be  furnished  by  the  commissioner  of  common 
schools  to  the  auditor  of  each  county,  and  by  the  auditor  to 
each  school  clerk  in  his  county.  Each  board  of  education, 
or  officer  or  employe  thereof,  or  other  school  officer  in  any 
district  or  county,  when  the  commissioner  so  requires,  shall 
report  to  him  direct,  upon  such  blanks  as  he  furnishes  any 
statements  or  items  of  information  that  he  deems  important 
or  necessary.     (R.  S.  Sec.  4058,) 

Section  7789.  On  or  before  the  twentieth  day  of  Sep- 
tember, annually,  the  auditor  of  each  county  shall  prepare, 
and  transmit  to  the  commissioner  of  common  schools,  an 
abstract  of  all  the  returns  of  school, statistics  made  to  him 
from  the  several  districts  in  his  county,  according  to  the 
form  prescribed  by  the  commissioner,  a  statement  of  the 
condition  of  the  institute  fund,  and  such  other  facts  relat- 
ing to  schools  and  school  funds  as  the  commissioner  re- 
quires, lie  also  shall  cause  to  be  distributed  all  such  cir- 
culars, blanks,  and  other  papers,  including  school  laws  and 
documents,  in  the  several  school  districts  in  the  county,  as 
the  commissioner  may  lawfully  require.     (R.  S.  Sec.  4060.) 

Section  7790.  If  the  auditor  neglects  to  prepare  and 
return  any  of  the  abstracts  or  reports  herein  required,  the 
county  commissioners  shall  withhold  from  him  all  com- 
pensation for  his  services  under  this  title,  and  he  shall  also 
be  liable  on  his  bond  for  any  such  neglect,  in  a  sum  not  less 
than  three  hundred  nor  more  than  one  thousand  dollars,  on 
complaint  of  the  commissioner  of  common  schools,  and  if 
the  clerk  of  the  board  of  education  of  any  district  fails  to 
make  the  annual  returns  of  school  statistics  required  by  this 


Annual    report 
of   board    of 
education; 
its    contenJ,s. 


In    what    form 
to   be   made, 
etc. 


Duty    of 
county    au- 
ditor   as    to 
school    sta- 
tistics,   etc. 


Penalty    for 
failure   to 
make    reports. 


128 


REPORTS. 


When   auditor 
to   appoint 
person    to 
ma"ke    reports. 


Further  jjen- 
alties  against 
auditor. 


Compensation 
of  auditor. 


title,  to  the  county  auditor,  he  shall  be  liable  on  his  bond, 
in  a  sum  not  less  than  fifty  nor  more  than  three  hundred 
dollars,  on  complaint  of  the  county  auditor,  or  of  the  board 
of  education,  to  be  recovered  in  a  civil  action  in  the  name 
of  the  state,  and  when  collected  to  be  paid  into  the  county 
treasury,  and  applied  to  the  use  of  common  schools  in  such 
district.     (R.  S.  Sec.  4061.) 

Section  7791.  Upon  the*tieglect  or  failure  of  the  clerk 
of  the  board  of  education  of  any  district  to  make  the  re- 
ports required  in  this  title,  and  by  the  time  specified,  the 
county  auditor  must  appoint  some  suitable  person,  resident 
of  the  district,  to  make  such  reports  who  shall  receive  the 
compensation  therefor,,  allowed  by  law  for  like  services. 
(R.  S.  Sec.  4062.) 

Section  7792.  A  county  auditor  who  willfully  or 
negligently  fails,  in  any  year,  to  transmit  to  the  commis- 
sioner of  common  schools  the  abstract  of  enumeration  by 
law  required  of  him,  or  to  perform  any  other  duty  required 
of  him  in  this  title,  shall  be  liable  on  his  bond  to  the  extent 
of  twice  the  sum  lost  to  the  school  districts  of  his  county 
in  consequence  of  such  failure.  Such  sum  shall  be  re- 
covered in  a  civil  action  against  him,  on  his  bond,  in  the 
name  of  the  state.  The  money  so  recovered  must  be  paid 
into  the  county  treasury,  for  the  benefit  of  such  districts, 
and  apportioned  as  the  school  funds  so  lost  would  have  been 
apportioned.     (R.  S.  Sec.  4063.) 

Section  7793.  The  commissioners  of  each  county, 
annually  shall  allow  the  county  auditor  a  reasonable  com- 
pensation for  his  services  under  this  title,  not  to  exceed  five 
dollars  for  each  city,  village,  special,  and  township  school 
district  in  his  county,  to  be  paid  out  of  the  county  treasury. 
But  before  such  allowance  shall  be  made  for  any  year  the 
auditor  must  present  to  the  commissioners  a  statement,  of- 
ficially certified  and  signed  by  the  commissioner  of  common 
schools,  that  he  has  transmitted  to  him  all  reports  and  re- 
turns of  statistics  for  that  year  required  by  this  title.  (R. 
S.  Sec.  4064.) 


CHAPTER  6. 


ENUMERATION. 


Section 

7794.  Annual  enumeration. 

7795.  Additional  facts  to  be  ascertained.      • 

7796.  How  enumeration  taken. 

7797.  Report  to  be  Tcept;    compensation. 

7798.  When    district    situated    in   two    or   more 

counties. 

7799.  Clerk   to    transmit    abstract    of    enumera- 

tion to  county  auditor. 

7800.  When  the  clerk  fails,  auditor  to  act. 


Section 

7801.     When    county    line    divides   original    sur- 
veyed township. 
When  enumeration  not  taken,  district  not 

entitled  to  school   funds. 
Auditor     to     furnish     abstract     to     state 

commissioner. 
Duty   of   state   commissioner   when    enu- 
meration excessive. 


7802. 


7804. 


Annual 
enumeration. 


Section  7794.  An  enumeration  of  all  unmarried 
youth  noting  sex,  between  six  and  twenty-one  years  of  age, 
resident  within  the  district,  and  not  temporarily  there,  shall 
be  taken  in  each  district,  annually,  during  the  two  weeks 
ending  on  the  fourth  Saturday  of  May,  designating  also  the 
number  between  six  and  eight  years  of  age,  the  number  be- 
tween eight  and  fourteen  years  of  age,  the  number  between 
fourteen  and  sixteen  years  of  age,  the  number  between  six- 
teen and  twenty-one  years  of  age,  the  number  residing  in 
the  Western  Reserve,  the  Virginia  Military  district,  the 
United  vStates  Military  district,  and  in  any  original  surveyed 
township  or  fractional  township  to  which  belongs  section 
sixteen,  or  other  land  in  lieu  thereof,  or  any  other  lands  for 
the  use  of  public  schools,  or  any  interest  in  the  proceeds  of 
such  lands.     (R.  S.  Sec.  4030.) 

Enumeration  in  children's  homes;    see  Sec.  30S8. 

At  the  annual  enumeration  of  school  youth  as  required  by  the  provisions 
of  Sec.  7794,  the  ages  of  such  youth  at  the  taking  of  enumeration  should  be 
returned  and  not  as  of  September  1st  following.     Attorney  General. 

The  youth  enumerated  must  be  actual  residents  of  the  district,  living 
with  parents  or  guardians  or  working  to  support  themselves  by  their  own 
labor;     see  Sec.   7681  and  notes  under  same. 

Section  7795.  When  taking  such  enumeration,  the 
person  appointed  to  take  it,  shall  make  every  effort  to  ascer- 
tain the  number  of  imbeciles  or  feeble-minded  children  be- 
tween the  ages  of  six  and  twenty-one,  resident  within  the 
district.  He  shall  keep  an  accurate  list  of  the  names,  sex, 
age  and  place  of  residence  of  all  such  children,  and  make  it 
a  part  of  his  report  to  the  clerk  of  the  board  of  education. 
There  also  shall  be  so  taken  an  accurate  enumeration  of  all 
physically  disabled,  blind,  deaf  or  mute  children,  noting  sex, 
between  six  and  twenty-one  years  of  age,  resident  within 
the  district.     (R.  S.  Sec.  4030.) 

Section  7796.  On  or  before  the  second  Saturday  in  How  enum. 
Alay,  the  board  of  education  of  each  school  district  shall  t^o"  t*^^«"- 
appoint  one  or  more  persons  to  take  the  enumeration  pro- 
vided for  in  the  next  two  preceding  sections.  Each  person 
appointed  shall  take  an  oath  or  affirmation  to  take  the 
enumeration  accurately  and  truly  to  the  best  of  his  skill  and 
ability.  When  making  return  thereof  to  the  clerk  of  the 
board  of  education,  he  shall  accompany  it  with  a  list  of  the 
names  of  all  the  youth  enumerated,  noting  the  age  of  each, 
9    s.  I..  '  1-29 


Additional 
facts    to    be 
ascertained. 


1 30  KN  U M ERATIO X  . 

with  bis  affidavit  duly  certified  that  he  has  taken  and  re- 
turned the  enumeration  accuratety  and  truly  to  the  best  of 
his  knowledge  and  belief,  and  that  such  list  contains  the 
names  of  all  such  youth  so  enumerated  and  none  others. 
Tlie  clerk  of  the  board  of  education  or  any  officer  authorized 
to  administer  oaths,  may  administer  such  oath  or  affirma- 
tion, and  take  and  certify  such  affidavit.     (R.  S.  Sec.  4031.) 

Report  to  SECTION  7797.     The  clerk  shall  keep  such  report  and 

be  kept;  ^]^g  \[^^  ^f  names  in  his  office  for  five  years.     Each  person 

compensation.  .  .-'-,,,,,  , 

SO  takmg  and  returnmg  the  enumeration  shall  be  allowed 
by  the  proper  board  of  educaticti  reasonable  compensation 
for  his  service.     (R.  S.  Sec.  4031.) 

When  district  SECTION  7798.     When  a  school  district  including  terrL 

situated  in        tory  attached  for  school  purposes,  is  situated  in  two  or  more 

two    or    more  -^      .  ,  .        ^        \  '  .  ,      ■ 

counties.  couutics,  pcrsous  takmg  such  enumeration  must  report  the 

number  of  youth  as  provided  in  sections  seventy-seven  hun- 
dred and  ninety-four,  and  seventy-seven  hundred  and  ninety- 
five,  residing  in  each  county.  The  clerk  of  the  board  shall 
make  returns  to  the  auditors  of  the  respective  counties  in 
which  such  youth  reside  as  provided  in  the  next  following 
section.    (R.  S.  Sec.  4032.) 

Clerk  to  trans-  SECTION  7799-     Annually,  on  or  before  the  first  Satur- 

mit  abstract  of  (j^y  {^  j^iy  ^]^q  clcrk  of  cach  board  shall  make  and  transmit 

enumeration  to         -^  -       -^  '  .  .         ,  ,  . 

county  auditor,  to  the  couuty  auditor,  an  abstract  of  the  enumeration  by  this 
chapter  required  to  be  returned  by  him,  according  to  the 
form  prescribed  by  the  commissioner  of  common  schools, 
with  an  oath  or  affirmation  endorsed  thereon  that  it  is  a  cor- 
rect abstract  of  the  returns  made  to  him  under  oath  or  af- 
firmation. The  oath  or  affirmation  of  the  clerk  may  be  ady 
ministered  and  certified  by  any  member  of  the  board  of 
education,  or  by  the  county  auditor.     (R.  S.  Sec.  4035.) 

When  the  SECTION   7800.     If   the   clcrk  of   any  district   fails   to 

audhof^to '  act.  transmit  such  abstract  of  enumeration  on  or  before  the  first 
Saturday  in  July,  the  auditor  at  once  shall  demand  it  from 
him.  Tn  case  the  enumeration  has  not  been  taken  as  re- 
quired by  this  chapter,  or  the  abstract  required  be  not  fur- 
nished wdthout  delay,  the  auditor  shall  employ  competent 
persons  to  take  it,  who  shall  be  subject  to  the  legal  require- 
ments already  specified,  except  that  the  return  must  be  made 
directly  to  the  auditor,  who  may  administer  to  each  person 
employed  the  oath  or  affirmation  required.  He  shall  allow 
the  person  employed  by  him,  a  reasonable  compensation,  to 
be  paid  out  of  the  general  county  fund,  and  then  proceed 
to  recover  the  amount  so  paid  in  civil  actit)n  before  any 
court  of  competent  jurisdiction,  in  the  name  of  the  state, 
against  such  clerk  on  his  bond.  The  amount  so  collected 
shall  be  paid  into  the  school  funds  of  the  district.  (R.  S. 
Sec.  4036.) 

The  returns  should  now  be  made  on  or  before  the  first  Saturday  in 
June,  as  the  time  of  taking  the  enumeration  was  changed  from  July  to  May 
without  changing  the  time  fixed  for  making  returns. 


ENUMERATION. 


131 


Section  7801.  If  parts  of  an  original  surveyed  town-  When  county 
ship  or  fractional  township  are  situated  in  two  counties,  the  oHginaTsur- 
auditor  of  the  county  in  which  the  smallest  part  is  situated,  '^fv^'^  t°^"- 
so  soon  as  the  abstracts  of  enumeration  are  received  by  him 
from  the  clerks  of  the  boards  of  education,  shall  certify  to 
the  auditor  of  the  county  in  which  the  largest  part  is  situ- 
ated the  enumeration  of  3^outh  residing  in  the  part  of  the 
township  situated  in  his  county.  If  parts  of  such  township 
or  fractional  township  are  situated  in  more  than  two  coun- 
ties, like  certificates  of  enumeration  must  be  transmitted  to 
the  auditor  of  the  county  containing  the  greatest  relative 
portion  of  such  township,  by  the  auditors  of  the  other  coun- 
ties containing  portions  thereof.  When  it  is  uncertain  which 
county  contains  the  greatest  relative  portion  of  such  town- 
ship, such  certificates  shall  be  transmitted  to  the  auditor  of 
the  oldest  county,  by  the  other  auditor  or  auditors.  If  the 
land  granted  by  congress  to  such  township  or  fractional 
township  for  the  support  of  public  schools  has  been  sold,  the 
auditor  to  whom  such  certificates  are  transmitted  must 
notify  the  auditor  of  state,  without  delay,  that  such  enumer- 
ation has  been  certified.     (R.  S.  Sec.  4037.) 

This  section  has  nothing  whatever  to  do  with  the  enumera  ion  rclurned 
by  county   auditors  to   the    state  commissioner   of   common   schooli. 

Section  7802.  If  an  enumeration  of  tlie  youth  of  a 
district  be  not  taken  and  returned  in  any  year,  such  district 
shall  not  be  entitled  to  receive  any  part  of  the  school  funds 
distributable  in  that  year  on  the  basis  of  enumeration.  If 
such  loss  to  a  district  occurs  through  the  failure  of  the  clerk 
of  the  board  of  education  of  a  district  to  perform  the  duty 
required  of  him  under  section  seventy-seven  hundred  and 
ninety-nine,  he  shall  be  liable  to  the  district  for  the  loss, 
which  may  be  recovered  in  an  action  in  the  name  of  the 
state.  The  money  so  recovered  shall  be  paid  into  the  county 
treasury,  and  apportioned  as  the  school  funds  so  lost  would 
have  been  apportioned.     (R.  S.  Sec.  4038.) 

Section  7803.  On  or  before  the  third  Saturday  in 
July  in  each  year,  the  auditor  of  each  county  shall  make 
and  transmit  to  the  state  commissioner  of  common  schools, 
on  blanks  to  be  furnished  by  the  commissioners,  an  abstract 
of  the  enumeration  returns  made  to  him  duly  certified.  (R. 
S.  Sec.  4039.) 

Section  7804.  When,  on  examination  of  the  enumer- 
ation returns  of  any  district,  the  state  commissioner  of  com- 
mon schools  is  of  opinion  that  the  enumeration  is  excessive 
in  number,  or  in  any  other  way  incorrect,  he  may  require  it 
to  be  re-taken  and  returned.  If  he  thinks  it  necessary  for 
this  purpose  he  may  appoint  persons  to  perform  the  service, 
who  .shall  take  the  oath,  perform  the  duties,  and  receive  the 
same  compensation,  out  of  the  same  funds,  as  the  person  or 
persons  who  took  the  enumeration  in  the  first  instance.  The 
school  fund  distributable  in  proportion  to  enumeration  shall 
be  distributed  upon  the  corrected  returns.  (R.  S.  Sec. 
4040.) 


When  enume- 
ration   not 
taken,    district 
not    entitled 
to   school 
funds. 


Auditor  to 
furnish   ab- 
stract to  state 
commissioner. 


Duty  of  state 
commissioner 
when    enume- 
ration  exces- 
sive. 


332  ENUMERATION. 

False   enu-  SECTION  12929.     Whoever,  being  an  officer  having  supervision 

-meration  Over  the  annual  enumeration  of  unmarried  youths  between  six  and 

■of  school  twenty-one  years  of  age,  taken  in  conformity  to  law,  increases  or 

.rhildren.  diminishes   the   number   enumerated,    shall   be   fined   not  less  than 

five  dollars  nor  more  than  one  thousand  dollars  or  imprisoned  in 

the  county  jail  not  less  than  ten  davs  nor  more  than  thirty  davs. 

,(R.  S.   Sec.  4041.) 


CHAPTER  7. 


EXAMINERS. 


STATE  BOARD   OF   EXAMINERS. 

Section 

7805.  State  board;    their  appointment. 

7806.  Terms    and   vacancies. 

7807.  Power      to      issue      certificates;       record 

thereof. 

7808.  Effect     thereof;      may    be     revoked     for 

cause. 

7809.  Examination  fees. 

7810.  Compensation    of    examiners. 

COUNTY  BOARD  OF  EXAMINERS. 

7811.  County  boards. 

7812.  Who  ineligible. 

7813.  Term. 

7814.  Vacancies. 

7815.  Organization    of    board;      duties    of    of- 

ficers, 

7816.  Rules  and  regulations. 

7817.  Metings  for  examinations;    notice. 

7818.  Majority's  power;    examination   fees. 

7819.  Uniform  system  of  examination. 

7820.  Disposition  of  fees. 

7821.  Teachers'   certificates. 

7822.  Provisional  certificates,    defined. 

7823.  Professional  certificates,  defined. 

7824.  Effect  of  certificates  of  other  counties. 

7825.  Regulations,    as    to    issue    of    certificates 

without  examination, 

7826.  Temporary  certificate. 

7827.  Minimum  age  limit. 

7828.  Fees    for    examiners    conducting    investi- 

gation. 

7829.  What  kind  of  certificates  shall  be  issued, 

7830.  Certificate  of  prerequisite  to  employment 

of  teacher. 

7831.  Certificate    of    high    school  .  teacher    and 

superintendent. 


Section 

7832.  Certifica'e  of  special  teacher. 

7833.  Recognition   or  renewal   of  certificates* 
7884.  .  (  ompensacion    of    board. 

78£5.     Expenses   of  board. 

7830.    y\nnual  report  of  clerk;    his  bond. 

7837.  Compensation  of  clerk. 

CITY  BOARD  OF  EXAMINERS. 

7838.  City  board  of  school  examiners,  appoint- 

ment, term. 

7839.  Removals   and   vacancies. 

7840.  Standard  of  qualification  for  teachers. 

7841.  Special   examiners. 

7842.  Organization  of  board;    duties  of  officers^ 

clerk's  bond. 

7843.  Meetings  for   examination;     notice. 

7844.  Certificates. 

7845.  Renewal  of  certificate. 

7846.  Professional  certificates. 

7847.  Validity  of   professional  certificates. 

7848.  Regulations,    as    to    granting    certificates 

without    examinations. 

7849.  Temporary  certificates. 

7850.  Minimum   age   limit;     revocation    of   cer- 

tificate. 

7851.  Fees  for  examiners  conducting  investiga- 

tion. 

7852.  Kind  of  certificates  authorized  to  be  is- 

sued;   proviso. 

7853.  Compensation  of  members  and  clerk;    in- 

cidental expenses. 

7854.  Duties   of  clerk  of   city  board  of   school 

examiners. 

7855.  Disposition  of  examination   fees. 

7856.  Consideration  of  applicants'^  answers;    is- 

sue of  certificates  or  notice  of  failure 

7857.  Manuscripts  to  be  placed  on  file. 

7858.  Applicant's  right  of  appeal. 


State    board; 
their    appoint- 
ment. 


Terms  and 
vacancies. 


STATE  BOARD  OF  EXAMINERS. 

Section  7805.  There  shall  be  a  state  board  of  exam- 
iners, consisting  of  five  competent  persons,  resident  of  the 
State,  to  be  appointed  by  the  state  commissioner  of  common 
schools.  Not  more  than  three  of  them  shall  belong  to  the 
same  political  party.     (R.  vS.  Sec.  4065.) 

Section  7806.  The  term  of  office  of  such  examiners 
shall  be  five  years.  The  term  of  one  of  the  examiners  shall 
expire  on  the  thirty-first  day  of  August  each  year.  When 
a  vacancy  occurs  in  the  board,  whether  from  expiration  of 
the  term  of  office,  refusal  to  serve,  or  other  cause,  such 
commissioner  shall  fill  it  by  appointment  for  the  full  or  un- 
expired term,  as  the  case  demands.     (R.  S.  Sec.  4065.) 

Section  7807.  The  board  thus  constituted  may  issue  Power  to  issue- 
three  grades  of  life  certificates  to  such  as  are  found  to  pos-  recor^d^hereofv 
sess  the  requisite  scholarship,  and  who  exhibit  satisfactory 
evidence  of  good  moral  character  and  of  professional  ex- 
perience and  ability.  The  certificate  shall  be  for  diflferent 
grades  of  schools  according  to  branches  taught,  and  be  valid 
in  the  schools  specified  therein.  The  clerk x)f  the  board  must 
keep  a  record  of  the  proceedings,  showing  the  number,  date 

133 


134 


EXAMINERS. 


Effect  thereof; 
may    be    re- 
voked   for 
cause. 


Examination 
fees. 


Compensation 
of    examiners. 


and  grade  of  each  certificate,  to  whom  granted,  and  for 
what  branches  of  study,  and  report  such  statistics  to  the 
commissioner,  annually,  on  or  before  the  thirty-first  day  of 
August.    (R.  S.  Sec.  4066.) 

The  state  board  of  examiners  issues  the  following  certificates:  High 
school  life,  commort  school  life  and  special  life.  High  school  life  certificates 
are  unlimited,  common  school  life  and  special  life  are  limited  to  the  branches 
of   study  specified  therein. 

Section  7808.  All  certificates  issued  by  such  board 
shall  be  countersigned  by  the  commissioner  of  common 
schools.  They  shall  supersede  the  necessity  of  any  and  all 
other  examinations  of  the  persons  holding  them,  by  any 
board  of  examiners,  and  be  valid  in  any  school  district  in 
the  state,  unless  revoked  bv  the  state  board  for  good  cause. 
(R.  S.  Sec.  4067.) 

Section  7809.  Each  applicant  for  a  certificate  shall 
pay  to  the  board  of  examiners  a  fee  of  five  dollars.  The 
clerk  of'  the  board  must  pay  to  the  state  treasurer,  all  fees 
received,  and  file  with  the  state  auditor  a  written  statement 
of  the  amount.     (R.  S.  Sec.  4068.) 

Section  7810.  Each  member  of  the  board  shall  be  en- 
titled to  receive  five  dollars  for  each  day  he  is  necessarily 
engaged  in  official  service,  and  also  six  cents  per  mile  each 
way  for  traveling  from  and  to  his  place  of  residence,  by  the 
most  direct  route  of  public  travel  to  and  from  the  places  of 
meeting  of  the  board,  to  be  paid  out  of  the  state  treasury 
on  the  order  of  the  state  auditor.  All  books,  blanks  and 
stationery  required  by  the  boafd  must  be  furnished  by  the 
secretary  of  state.     (R.  S.  Sec.  4068.) 


County 
boards. 


Who    inelig 
ible. 


COUNTY  BOARD  OF  EXAMINERS. 

Section  7811.  There  shall  be  a  county  board  of 
school  examiners  for  each  county,  consisting  of  three  com- 
petent persons  to  be  appointed  by  the  probate  judge.  Two 
of  such  persons  must  have  had  at  least  two  years'  experi- 
ence as  teachers  or  superintendents,  and  have  been  within 
five  years,  actual  teachers  in  the  public  schools.  Each  per- 
son so  appointed  shall  be  a  legal  resident  of  the  county  for 
which  appointed.  Should  he  remove  from  the  county  dur- 
ing his  term,  his  office  thereby  shall  be  vacated  and  his  suc- 
cessor be  appointed.     (R.  S.  Sec.  4069.) 

Section  7812.  No  examiner  shall  teach  in,  be  con- 
nected with,  or  financially  interested  in  any  school  which  is 
not  supported  wholly  or  in  part  by  the  state,  or  be  employed 
as  an  instructor  in  any  teachers'  institute  in  his  own  county; 
nor  shall  any  person  be  appointed  as,  or  exercise  the  office 
of  examiner  who  is  agent  of  or  financially  interested  in  any 
book  publishing  or  book  selling  firm,  company  or  business, 
or  in  any  educational  journal  or  magazine.  If  an  examiner 
becomes  connected  with  or  interested  in  any  school  not  un- 
der state  control,  or  is  employed  in  any  such  institution  in 


EXAMINERS. 


135 


Term. 


his  own  county,  or  becomes  an  agent  of  or  interested  in  any- 
book  company  or  journal,  or  fails  to  hold  the  necessary 
teachers'  certificate,  or  removes  from  the  county,  the  probate 
judge  lipon  being  apprised  of  such  fact,  forthwith  shall  re- 
move such  examiner  and  appoint  his  successor.  (R.  S.  Sec. 
4069.) 

Offices  of  county  school  examiner  and  councilman  are  incompatible.  State 
V.  Card,  29  O.   C.  C.  426   (8  N.   S.  599.) 

Section  7813.  The  term  of  office  of  such  examiner  is 
three  years.  The  term  of  one  of  the  examiners  shall  ex- 
pire on  the  thirt3^-first- day  of  August,  each  year.  The  pro- 
bate judge  must  revoke  the  appointment  of  any  examiner, 
upon  satisfactory  proof  that  he  is  inefficient,  intemperate, 
negligent,  guilty  of  immoral  conduct,  or  that  he  is  using  his 
office  for  personal  or  private  gain.     (R.  S.  Sec.  4069.) 

Section  7814.  When  a  vacancy  occurs  in  the  board,  vacancies, 
whether  from  expiration  of  the  term  of  office,  refusal  to 
serve,  or  other  cause,  the  probate  judge  promptly  shall  fill 
it  by  appointment  for  the  full  or  unexpired  term,  and  with- 
in ten  days,  report  this  to  the  state  commissioner  of  common 
schools,  together  with  the  names  of  the  other  members  ot 
the  board  and  the  date  of  the  expiration  of  their  several 
terms  of  office.     (R.  S.  Sec.  4069.) 

Section  7815.     Annually,  in  the  month  of  September,   Organization 
the  board   of   county   school   examiners   shall   organize   by  ^utj^g^^'^f' 
choosing  from  its  members  a  president,  a  vice-president,  and   officers. 
a  clerk.     The  president  shall  preside  at  all  the  meetings  of 
the  board.     In  his  absence  the  vice  president  shall  preside. 
The  clerk  shall  keep  a  full  and  accurate  record  of  the  pro- 
ceedings of  the  board,  showing  the  number,  date  and  char- 
acter of  each  certificate  issued,  to  whom,  for  what  term  and 
what  branches  of  study,  with  such  other  statistics  relating 
to  the  examination  and  proceedings  of  the  board  as  the  state 
commissioner  of  common  schools  requires,  in  the  form  and 
manner  required  by  him,  and  make  a  report  of  all  such 
items  annually  on  or  before  the  first  day  of  September.     (R. 
S.  Sec.  4070.) 

Section  7816.     The  board  shall  make  all  needful  rules    puigg  and 
and  regulations  for  the  proper  discharge  of  its  duties  and    regulations, 
the  conduct  of  its  work,  subject  to  statutory  provisions  and 
the  approval  of  the  state  commissioner  of  common  schools. 
(R.  S.  Sec.  4070.) 

T]ie  prosecuting  attorney  is  the  l:gal  adviser  of  county  boards  of  exam- 
iners;    see    Sec.    2917. 

Section  7817.  Each  board  shall  hold  public  meetings 
for  the  examination  of  applicants  for  county  teachers'  cer- 
tificates on  the  first  Saturday  of  every  month  of  the  year, 
unless  Saturday  falls  on  a  legal  holiday,  in  which  case,  it 
must  be  held  on  the  succeeding  Saturday,  at  such  place  or 
places  within -the  county  as,  in  the  opinion  of  the  board,  best 
will  accommodate  the  greatest  number  of  applicants.  Notice 
thereof  shall  be  published  in  two  weekly  newspapers  of  dif- 


Meefings  for 
examinations; 
notice. 


136 


EXAMINERS. 


Majority's 
power;     ex- 
amination 
fees. 


ferent  politics  printed  in  the  county,  if  two  papers  thus  are 
published,  if  not,  then  a  pubHcation  in  one  onl}^  is  required. 
In  no  case  shall  the  board  hold  any  private  examination  or 
antedate  any  certificate.     (R.  S.  Sec.  4071..) 

Section  7818.  A  majority  of  the  board  may  examine 
applicants  and  grant  certificates.  As  a  condition  of  any 
applicant's  being  admitted  to  take  the  examination,  each  one 
shall  pay  to  the  board  for  the  use  of  the  county  institute  a 
fee  of  fifty  cents.     (R.  S.  Sec.  4071.) 

It  has  been  decided  by  two  or  more  common  pleas  courts  in  Ohio,  "that 
the  examination  of  the  candidate,  and  determination  to  grant  the  certificate 
being  official  acts,  can  only  be  legally  performed  at  a  session  of  the  board 
duly  organized,  and  that  the  whole  board,  as  such,  is  to  decide  regarding  the 
qualifications  of  each  applicant  to  teach  each  branch  certified  to."  See  also 
case  of  McCortle  v.  Bates,  29  O.  S.,  419,  as  quoted  in  full  under  section  3982. 
All  its  reasoning  regarding  boards  of  education  applies  equally  to  examining 
boards. 


Uniform 
system  of  ex- 
examination. 


Divulging 
school    ex- 
aminers' 
quertions. 


Disposition 
of   fees. 


Section  7819.  The  questions  for  all  county  teachers' 
examinations,  shall  be  prepared  and  printed  under  the  di- 
rection of  the  state  commissioner  of  common  schools.  A 
sufficient  number  of  lists  must  be  sent,  under  seal,  to  the 
clerks  of  such  boards  of  examiners  not  less  than  five  days 
before  each  examination,  such  seal  to  be  broken  at  the  time 
of  the  examination  at  which  they  are  to  be  used,  in  the  pres- 
ence of  the  applicants  and  a  majority  of  the  members  of 
the  examining  board.     (R.  S.  Sec.  4071a.) 

Section  12989.  Whoever,  being  a  person  connected  with  the 
preparation,  printnig,  distribution  or  handling  of  questions  for 
county  teachers'  examinations,  makes  public  in  any  manner  or 
gives  information  in  regard  to  the  nature  or  character  of  such 
quest'ons,  to  an  applicant  for  a  certificate,  or  other  person,  prior 
to  such  examination  in  each  branch  of  study  respectively,  or 
whoever  is  found  in  possession  of  any  of  such  questions  prior  to 
the  distribution  thereof  for  the  use  of  applicants  at  such  examina- 
tion, shall  be  fined  not  less  than  fifty  dollars  nor  more  than  one 
hundred  dollars,  and  imprisoned  not  less  than  thirty  days  nor  more 
than  ninety  days.     (R.  S.  Sec.  4071a.) 

Section  7820.  The  clerk  of  the  board  of  county  school 
examiners  must  promptly  collect  all  fees  from  applicants  at 
each  examination  and  pay  them  into  the  county  treasury 
quarterly.  He  shall  file  with  the  county  auditor  a  written 
statement  of  the  amount,  and  the  number  of  appHcants,  male 
and  female,  examined  during  the  quarter.  All  money  thus 
received,  must  be  set  apart  by  the  auditor  for  the  support  of 
county  teachers'  institutes,  to  be  applied  as  provided  for  in 
chapter  eight  of  this  title.     (R.  S.  Sec.  4072.) 


Teachers' 
certificates. 


Section  7821.  County  boards  of  school  examiners  may 
grant  teachers'  certificates  for  one,  two,  three,  five  and  eight 
years  from  the  day  of  the  examination,  which  shall  be  valid 
in  all  village,  township,  and  special  school  districts  of  the 
county  wherein  they  are  issued.  In  school  districts  situated 
in  two  or  more  counties,  teachers'  certificates  obtained  in 
either  county  shall  be  valid  in  such  districts.  (R.  S.  Sec. 
4073-) 


EXAMINERS. 


137 


Section  7822.  All  teachers'  certificates  granted  for 
one,  two  or  three  years  shall  be  regarded  as  provisional  cer- 
tificates, and  be  issued  and  renewed  only  in  compliance  with 
such  reasonable  regulations  and  standards  and  upon  sucli 
ratips  as  the  board  adopts.  But  when  any  teachers  holds  a 
two  or  three  years'  certificate,  and  for  the  last  five  years 
preceding  has  been  continuously  engaged  in  teaching  in  this 
state,  such  teacher  shall  be  entitled  to  have  such  certificate 
renewed  by  passing  an  examination  in  theory  and  practice. 
(R.  S.  Sec.  4073.) 


Provisional 
certificates, 
defined. 


Section  7823.  Applicants  for  five-years'  '  or  eight- 
years'  certificates  shall  have  had  not  less  than  forty  months' 
experience  in  teaching  and  shall  make  not  less  than  eighty- 
five  per  cent,  in  any  branch  and  a  general  average  of  not 
less  than  ninety-two  per  cent.,  and  such  certificates  shall  be 
regarded  as  professional  certificates.  They  shall  be  renewed 
without  examination  at  the  discretion  of  the  examininq: 
board,  except  that  no  such  jcertificate  will  be  renewable  if 
the  holder  thereof  has  not  been  actively  engaged  in  teaching 
within  the  four  years  preceding.  Such  professional  cer- 
tificates shall  be  valid  in  any  county  in  the  state.  (As 
amended  May  10,  1910.) 

Section  7824.  County  boards  of  school  examiners  at 
their  discretion  may  issue  certificates  without  formal  ex- 
aminations to  holders  of  certificates  granted  by  other  county 
and  city  boards  of  school  examiners.     (R.  S.  Sec.  4073.) 

Section  7825.  Each  county  board  of  school  examin- 
ers may  make  its  own  regulations  to  grant  certificates  with- 
out formal  examinations,  except  in  theory  and  practice  of 
teaching  and  in  the  science  of  education,  to  graduates  of 
schools  for  the  training  of  teachers,  having  at  least  a  two- 
years'  course  of  study  in  addition  to  graduation  from  a 
years'  course  of  study  in  addition  to  graduation  from  a  first 
least  a  four  years''  course  of  study  in  addition  to  graduation 
from  a  first  grade  high  school.  Certificates  thus  granted 
to  such  graduates  may  be  issued,  on  application  within  one 
year  after  graduation,  first  for  one  year;  and  at  their  ex- 
piration, on  satisfactory  evidence  of  success  in  teaching, 
for  longer  terms.     (R.  S.  Sec.  4073.) 

Section  7826.  Between  regular  examinations,  county 
boards  of  school  examiners,  at  their  discretion,  may  issue 
temporary  certificates,  which  shall  be  valid  only  until  the 
next  regular  examination  held  by  such  boards  after  the  is- 
sue of  such  certificates.     (R.  S.  Sec.  4073.) 

Section^  7827.  No  certificate  shall  be  issued  to  any 
person  who  is  less  than  eighteen  years  of  age.  If  at  anv 
time  the  recipient  of  a  certificate  be  found  intemperate, 
immoral,  incompetent  or  negligent,  the  examiners,  or  any 
two  of  them,  may  revoke  the  certificate ;  but  such  revoca- 
tion shall  not  prevent  a  teacher  from  receiving  pay  for 
services  previously  rendered.     Before  any  hearing  is  had 


Professional 

certificates, 

defined. 


Effect  of  cer- 
tificates   of 
other  counties. 


Regulations, 
as  to  issue  of 
certificates 
without    ex- 
amination. 


Temporary 
certificate. 


Minimum   age 
limit. 


138 


EXAMINERS. 


Fees   for 
examiners 
conducting 
investigation. 


What  kind  of 
certificates 
shall    be 
issued. 


Certificate  a 
prerequisite 
to   employment 
of  teacher. 


by  a  board  of  examiners  on  the  question  of  the  revocation 
of  a  teacher's  certificate,  the  charges  against  the  teacher 
must  be  reduced  to  writing  and  placed  upon  the  records 
of  the  board.  He  shall  be  notified  in  writing  as  to  the 
nature  of  the  charges  and  the  time  set  for  the  hearing,  such 
notice  to  be  .^erved  personally  or  at  his  residence;  and  be 
entitled  to  produce  witnesses  and  defend  himself.  The  ex- 
amining board  may  send  for  witnesses  and  examine  them 
on  oath  or  affirmation  which  may  be  administered  by  any 
member  of  the  board  touching  the  matter  under  investiga- 
tion.    (R.  S.  Sec.  4073.) 

Section  7828.  The  fees  and  the  per  diem  of  examin- 
ers for  conducting  such  investigation  at  three  dollars  a  day 
each  and  other  expenses  of  such  trial  shall  be  certified  to 
the  county  auditor  by  the  clerk  and  president  of  the  ex- 
amining board  and  be  paid  out  of  the  county  treasury  upon 
the  order  of  the  auditor.     (R.  S.  Sec.  4973.) 

No  applicant  who  is  not  eighteen  years  of  age  at  the  time  of  the 
examination   can    receive   a   legal   certificate. 

The  revocation  of  a  teacher's  certificate  by  the  county  school  examiners 
for  intemperance  and  immorality  is  not  reviewable  by  the  courts.  Hence  that 
board  will  not  be  compelled  by  mandamus  to  sign  a  bill  of  exceptions  setting 
out  the  evidence  on  the  trial  to    revoke.     1   N.   P.,  151. 

The  revocation  of  a  certificate  is  not  strictly  a  judicial  proceeding.  The 
law  which  clothes  the  boards  of  examiners  with  discretionary  power,  will 
protect  them  in  the  proper  use  of  it.  They  cannot,  of  course,  be  mulcted  in 
damages  nor  removed  from  office,  for  refusing  to  grant  a  certificate,  nor  for 
revoking  a  certificate,  in  the  exercise  of  this  discretion.  If  malice  or  other 
undue  motive  enter  into  the  transaction,  however,  the  candidate  has  his 
remedy  in  the  courts,  and  the  probate  judge  may  remove  any  member  for 
such  cause,  as  a  malfeasance  in  office  —  an  immorality  —  one  of  the  causes 
enumerated   in  the  law.  '• 

Notice  of  revocation  should  at  least  be  given  to  the  boards  of  educa- 
tion   concerned.      A    person    cannot    draw    pay    after   his    certificate   is    revoked. 

A  certificate  cannot  be  antedated.     See   Sec.   7817. 

An  official  trust  cannot  be  delegated.  See  III  Central  Law  Journal,  p. 
472.  The  board  has  no  authority,  therefore,  to  appoint  a  substitute  to  perform 
the  duties  of.'^ny  of  its  members.  _  A  certificate  depending  on  the  signature 
of  such  substitute  for  its  validity,  is  worthless.  As  all  citizens  are  bound  to 
know  the  law.  so  candidates  and  school  authorities  are  bound  to  know  who  are 
legal,  or,  at  least,  de  facto  public   officers. 

Section  7829.  Three  kinds  of  teachers'  certificates 
only  shall  be  issued  by  county  boards  of  school  examiners, 
which  shall  be  styled  respectively  "teacher's  elementary 
school  certificate,"  valid  for  all  branches  of  study  in  schools 
below  high  school  rank,  "teacher's  high  school  certificate," 
valid  for  all  branches  of  study  in  recognized  high  schools 
and  for  superintendents  and  "teacher's  special  certificate," 
valid  in  schools  of  all  grades,  but  only  for  the  branch  or 
branches  of  study  named  therein.     (R.  S.  Sec.  4074.) 

Section  7830.  No  person  shall  be  employed  or  enter 
upon  the  performance  of  his  duties  as  a  teacher  in  any  ele- 
mentary school .  supported  wholly  or  in  part  by  the  state 
in  any  village,  township  or  special  school  district  who  has 
not  obtained  from  a  board  of  school  examiners  having  legal 
jurisdiction  a  certificate  of  good  moral  character;  that  he 
or  she  is  qualified  to  teach  orthography,  reading,  writing, 
arithmetic,  English  grammar  and  composition,  geography, 
history  of  the  United  States,  including  civil  government, 
physiology,  including  narcotics,  literature,  and  that  he  or 
she  possesses  an  adequate  knowledge  of  the  theory  and 
practice  of  teaching.     (R.  S.  Sec.  4074;) 


EXAMINERS. 


139 


Section  7831.  No  person  shall  be  employed  or  enter 
upon  the  performance  of  his  duties  as  a  teacher  in  any 
recognized  high  school  supported  wholly  or  in  part  by  the 
state  in  any  village,  township,  or  special  school  district,  or 
act  as  a  superintendent  of  schools  in  such  district,  who  has 
not  obtained  from  a  board  of  examiners  having  legal  juris- 
diction a  certificate  of  good  moral  character;  that  he  or 
she  is  qualified  to  teach  literature,  general  history,  algebra, 
physics,  physiology  including  narcotics,  and,  in  addition 
thereto,  four  branches  elected  from  the  following  branches 
of  study :  Latin,  German,  rhetoric,  civil  government, 
geometry,  physical  geography,  botany,  and  chemistry ;  and 
that  he  .or  she  possesses  an  adequate  knowledge  of  the 
theory  and  practice  of  teaching.     (R.  S.  Sec.  4074.) 

Section  7832.  No  person  shall  be  employed  and  enter 
upon  the  performance  of  his  duties  as  a  special  teacher  of 
music,  drawing,  painting,  penmanship,  gymnastics,  German, 
French,  the  commercial  and  industrial  branches,  or  any 
one  of  them,  in  any  elementary  or  high  school  supported 
wholly  or  in  part  by  the  state  in  any  village,  township,  or 
special  school  district,  who  has  not  obtained  from  a  board 
of  examiners  having  legal  jurisdiction  a  certificate  of  good 
moral  character;  that  he  or  she  is  qualified  to  teach  the 
special  branch  or  branches  cf  study,  and,  in  addition  thereto, 
possesses  an  adequate  knowledge  of  the  theory  and  prac- 
tice of  teaching.     (R.  S.  Sec.  4074.) 

Section  7833.  But  no  person  holding  a  common 
school  life  certificate  issued  by  the  board  of  state  examiners 
shall  be  required  to  have  any  other  certificate  to  teach  in 
the  elementary  schools  of  the  state,  nor  be  required  by  any 
board  to  be  examined  in  any  of  the  branches  covered  by 
such  certificate  in  order  to  be  granted  the  teaches'  high 
school  certificate  authorized  herein.     (R.  S.  Sec.  4074.) 

In  Illinois,  a  certificate  was  not  obtained  till  the  middle  of  the  term. 
A  new  contract  was  entered  into  at  that  time  to  pay  the  teacher  double 
wages  for  the  rest  of  the  term.  This  was  considered  an  attempt  to  do 
indirectly  what  there  was  no  power  to  do  directly;  and  therefore  the  con- 
tract was  held  void.     7l  111.,  532. 

A  person  began  teaching  under  a  contract.  He  taught  three  weeks; 
then  obtained  a  certificate  and  made  a  written  contract  to  run  three  months 
from  the  time  he  began  teaching.  Held,  that  he  was  entitled  to  wages  after 
certificate  was  obtained,  but  to  no  pay  for  the  previous  three  weeks.  20 
Minn.,   72.         . 

No  mon^y  can  be  legally  drawn  for  teaching  a  day  without  a  certificate, 
and   to    receive   public   money   illegally    is   a   crime    under    Sees.   7786,    7829-7833. 

The  board  of  education  at  G.,  at  a  regular  meeting,  tendered  C.  the 
election  as  superintendent  of  a  school  in  which  branches  other  than  those 
enumerated  in  the  certificate  issued  to  C.  by  the  board  of  school  examiners, 
were  taught.  C.  accepted  the  employment  tendered,  and  entered  upon  its 
duties.  Held,  that  this  constituted  a  valid  contract,  and  in  the  absence  of 
proof,  other  teachers  being  employed  in  the  school,  no  presumption  arises  that 
C.   actually  taught   branches   not    enumerated   in   his  certificate.     12   C.    C,   247. 

As  to  penalty  for  bribing  or  attempting  to  bribe  an  officer,  see  Sec. 
12823. 

Teachers  in  schools  at  children's  homes  and  in  kindergarten  schools, 
supported  by   public    funds,    must  hold   certificates. 

Section  7834.  Each  member  of  the  county  board  of 
school  examiners  is  entitled  to  receive  ten  dollars  for  each 
examination  of  fifty  applicants  or  less,  fourteen  dollars  for 
each   examination   of   more  than   fifty   applicants   and   less 


Certificate  of 
high   school 
teacher    and 
superintendent. 


Certificate  of 
special  teacher. 


Recognition 
or  renewal  of 
certificates. 


Compensation 
of  board. 


T40  EXAMINERS. 

than  one  hundred,  eighteen  dollars  for  each  examination 
of  one  hundred  applicants  and  less  than  one  liundred  and 
fifty,  twenty-two  dollars  for  each  examination  of  one 
hundred  and  fifty  applicants  and  less  than  two  hundred, 
and  four  dollars  for  each  additional  fifty  applicants,  or 
fraction  thereof,  to  be  paid  out  of  the  county  treasury  on 
the  order  of  the  county  auditor.  Books,  blanks,  and  sta- 
tionery required  by  the  board  shall  be  furnished  by  the 
county  auditor.     (R.  S.  Sec.  4075.) 

Expe^ises  of  SECTION  7835.     Such  board  may  contract  for  the  use 

of  suitable  rooms  in  which  to  conduct  examinations,  for 
the  printing  of  examination  questions,  may  procure  fuel 
and  light,  and  employ  janitors,  to  take  charge  of  the  rooms 
and  keep  them  in  order.  Expenses  so  incurred;  together 
•  with  the  cost  of  advertising  notice  of  their  meeting  as  re- 
quired by  law,  shall  be  paid  out  of  the  county  treasury  on 
orders  of  the  county  auditor,  who  shall  issue  them  upon 
the  certificate  of  the  president  of  the  board,  countersigned 
by  the  clerk.     (R.  S.  Sec.  4075.) 

of"ckrk;'Ts''  Section  7836.     On  or  before  the  first  day  of  Septem- 

bond.     '  ber  in  each  year,  the  clerk  of  such  board  shall  prepare,  and 

forward  to  the  state  commissioner  of  common  schools,  a 
statement  of  the  number  of  examinations  held  by  the  board, 
the  number  of  applicants  examined,  the  total  number  of 
certificates  granted,  and  the  number  for  each  term  men- 
tioned in  this  chapter,  the  amount  of  fees  received  and  paid 
to  the  county  treasurer,  the  amounts  received  from  the 
county  treasury  by  the  members  of  the  board  for  their 
services,  with  such  other  statistics  and  information  in  rela- 
'tion  to  the  duties  of  the  board  as  such  commissioner  re- 
quires. He  shall  also  deposit  with  the  county  auditor  a 
bond,  with  surety  to  be  approved  by  the  auclitor,  in  the 
sum  of  three  hundred  dollars,  that  he  will  pay  into  the 
county  treasury,  quarterly,  the  examination  fees  received 
by  the  board,  and  make  the  statistical  returns  required  by 
this  chapter.     (R,  S.  Sec.  4076.) 

Compensation  SECTION  7837.     The  clerk  shall  receive  for  his  services 

of  clerk.  ^g  dgj-k  four  dollars  for  each  examination  of  sixty  appli- 

cants or  less,  six  dollars  for  each  examination  of  more  than 
sixty  applicants  and  less  than  one  hundred,  eight  dollars  for 
each  examination  of  one  hundred  applicants  or  more,  to  be 
paid  out  of  the  county  treasury  on  the  order  of  the  county 
auditor.  But  no  order  shall  be  drawn  for  the  month  of 
August  until  the  clerk  produces  a  receipt  from  the  state 
commissioner  of  common  schools  that  he  has  filed  all  the 
reports  for  the  year  required  by  him.     (R.  S.  Sec.  4070.) 

city  board  of  examiners. 
City  board  of         *  SECTION  7838.     There  shall  be  a  citv  board  of  school 

school    exam-  ,  .''-',.  ,,,..  -', 

iners;   appoint-  examiners  lor  each  city  school  district,  to  be  appointed  by 

ment,  term.      ^^iQ  board  of  educatiou  of  the  district.     Such  board  shall 

consist  of  three  persons.     The  majority  of  those  appointed 


vacancies. 


EXAMINERS.  I4] 

must  have  had  at  least. two  years'  practical  experience  in 
teaching  in  the  public  schools.  All  persons  appointed  shall 
be  otherwise  competent  for  the  position  and  residents  of 
the  district  for  which  appointed.  The  term  of  office  of 
such  examiners  shall  be  three  years ;  the  term  of  one-third 
of  them  to  expire  on  the  thirty-first  day  of  August,  each 
year.     (R.  S.  Sec.  4077.) 

.  Section  7839.  The  board  of  education  may  revoke  Removals  and 
any  appointment  upon  satisfactory  proof  that  the  appointee 
is  inefficient,  intemperate,  negligent,  or  guilty  of  immoral 
condiict.  When  a  vacancy  occurs  in  the  board,  whether 
from  expiration  of  term  of  office,  refusal  to  serve,  or  other 
cause,  the  board  shall  fill  it  by  appointment  for  the  full  or 
unexpired  term,  as  the  case  demands.  Within  ten  days 
after  an  appointment,  the  clerk  of  the  board  must  report 
to  the  state  commissioner  of  common  schools  the  name  of 
the  appointee,  and  whether  the  appointment  is  for  a  full  or 
an  unexpired  term.     (R.  S.  Sec.  4077.) 

Section  7840.     Each  city  board  of  school  examiners    g.^ndard  of 
shall  determine  the  standard  of  qualification  for  teachers,   qualification 
and  may  examine  any  school  in  the  district  when  such  ex-   ^°''  ^*'''''^'^''^- 
amination    is    deemed    necessary    to    ascertain    a    teacher's 
qualifications.     But  in  the  examination  of   applicants  and 
the  granting  of  certificates  the  board  must  be  governed  by 
the  provisions  of  this  chapter  relating  thereto.     (R.  S.  Sec. 
4078.) 

Section  7841.     To  secure  a  thorough  examination  of    special 
applicants  in  difficult  branches,  or  special  studies,  the  board    examiners. 
may   secure   the   temporary   assistance  of   persons   of   suf- 
ficient knowledge  in   such  branches  or  studies,   who  must 
promise  on  oath  or  affirmation,  to  be  administered  by  the 
clerk  of  the  board  of  examiners,  to  perform  the  duties  of 
examiner    faithfully    and    impartially.    Superintendents    of 
schools  shall  give  to  the  board  all  necessary  information  in  . 
reference  to  branches  and  special  studies  to  be  taught,  and 
the  branches  of  study  and  grades  of  school  which  teachers 
will  be  required  to  teach.     (R.  S.  Sec.  4078.) 

An  expert  secured  by  the  board  to  conduct  examinations  in  any  particular 
branch  should  certify  the  result  of  the  examination  to  the  board;  all  cer- 
tificates should  be  signed  by  members  of  the  board  and  by  such  members  only. 

Section  7842.     Each  city  board  of  school  examiners   organization 
must  organize  during  the  month  of  September  each  year  by   of  board; 
choosing  from  its  members  a  president,  vice-president,  and   office?s;°^ 
clerk.     The  president  shall  preside  at  all  the  meetings  of   ^^^'^''  ^°"'^- 
the  board,  and  in  his  absence  the  vice-president  shall  pre- 
side.    The  clerk  shall  perform  all  the  duties   required  in 
this  chapter  of  the  clerk  of  the  board  of  county  school  ex- 
aminers in  so  far  as  such  duties  apply.     He  also  must  give 
bond,  in  the  sum  of  three  hundred  dollars  with  surety  to 
be  approved  by  the  board  of  education,   conditioned  that 
he  will  perform  faithfully  the  duties  required  of  him  by 


u- 


1-:XA.MIXEUS. 


Meetings    for 

examination; 

notice. 


Renewal    of 
certificates. 


this  cliapter,  v.liich  bond  shall  be  deposited  with  the  clerk 
of  such  board.     (R.  S.  Sec.  4079.) 

Si'X^TiON  /843.  Each  board  of  city  school  examiners 
shall  hold  not  less  than  two  meetings  each  year,  notice  of 
which  must  be  published  in  some  newspaper  of  general 
circulation  in  the  district.  All  examinations  of  applicants 
shall  be  conducted  at  the  meetings  of  the  boards  thus  called. 
The  examination  of  every  applicant  must  be  in  the  presence 
of  at  least  two  members  of  the  board.     (R.  S.  Sec.  4080.) 

Siv.TiON  7844.  Each  city  board  of  school  examiners 
may  grant  teachers'  certificates  for  one,  two,  three,  five  and 
eight  years  from  the  day  of  examination,  which  shall  be 
valid  within  the  district  wherein  they  are  issued.  But  cer- 
tificates granted  for  one,  two  or  three  years  must  be  re- 
garded as  provisional  certificates  and  shall  be  issued  and 
rene.ved  only  in  compliance  with  such  reasonable  regula- 
tions and  standards  an:l  upon  such  ratios  as  the  board  may 
adopt.      (R.  S.   Sec.  4081.) 

Section  7845,  When  a  teacher  holds  a  two  or  three 
year  certificate  and  has  for  the  last  five  years  preceding 
been  continuously  engaged  in  teaching  in  this  state  such 
teacher  will  be  entitled  to  have  such  certificate  renewed  by 
passing  an  examination  in  theory  and  practice.  (R.  S. 
Sec.  4081.) 

Section  7846.  Applicants  for  five-years'  and  eight- 
years'  certificates  shall  have  had  not  less  than  forty  months* 
experience  in  teaching  and  shall  make  not  less  than  eighty- 
five  per  cent,  in  any  branch  and  a  general  average  of  not 
less  than  ninety-two  per  cent.,  and  such  certificates  shall  be 
regarded  as  professional  certificates  and  be  renewed  with- 
out examination  at  the  discretion  of  the  examining  board, 
except  that  no  such  certificate  will  be  renewable  if  the 
holder  has  not  been  actively  engaged  in  teaching  within  the 
four  years  preceding.     (As  amended  May  10,  1910.) 

Section  7847.  Such  professional  certificates  shall  be 
valid  in  any  city  in  the  state.  City  boards  of  school  ex- 
aminers at  their  discretion  may  issue  certificates  without 
formal  examinations  to  holders  of  certificates  granted  by 
other  city  and  county  boards  of  school  examiners.  (R.  S. 
Sec.  4081.) 

Regulations,  as  SECTION  7848.     Each  city  board  of  school  examiners 

may  make  its  own  regulations  to  grant  certificates  without 
formal  examinations,  except  in  theory  and  practice  of 
teaching  and  in  the  science  of  education,  to  graduates  of 
schools  for  the  training  of  teachers,  that  have  at  least  a 
two-years'  course  of  study  in  addition  to  graduation  from 
a  first  grade  high  school  and  of  colleges  or  universities, 
having  at  least  a  four-years'  course  of  study  in  addition  to 
graduation  from  a  first  grade  high  school,  as  may  be  ap- 
proved by  them.     Certificates  thus  granted  to  such  gradu- 


Professional 
certificates. 


\'alidity  of 
professional 
certificates. 


to   granting 
certificates 
without  ex- 
aminations. 


F-XAMIXERS. 


143 


ates  may  be  issued,  on  application  within  one  year  after 
graduation,  first  for  one  year;  and  at  their  expiration,  on 
satisfactory  evidence  of  success  in  teaching,  for  longer 
terms.     (R.  S.  Sec.  4081.) 


Section  7849.  Between  regular  examinations,  city 
boards  of  school  examiners,  at  their  discretion,  may  issue 
temporary  certificates,  which  shall  be  valid  only  until  the 
next  regular  examination  held  bv  ihe  board  after  the  issue 
thereof.     (R.  S.  Sec.  4081.) 

Section  7850.  No  certificates  shall  be  issued  to  any 
person  who  is  less  than  eighteen  years  of  age,  and  if  at  any 
time  the  recipient  of  a  certificate  be  found  intemperate,  im- 
moral, incompetent,  or  negligent,  the  examiners,  or  any  two 
of  them,  may  revoke  the  certificate.  But  such  revocation 
shall  not  prevent  a  teacher  from  receiving  pay  for  services 
previously  rendered.  Before  any  hearing  is  had  by  a  board 
of  examiners  on  the  question  of  the  revocation  of  a  teach- 
er's certificate,  the  charges  against  the  teacher  must  be  re- 
duced to  writing  and  placed  upon  the  records  of  the  board. 
He  sh^U  be  notified  in  writing  as  to  the  nature  of  the 
charges  and  the  time  and  place  set  for  the  hearing.  Such 
notice  must  be  served  either  personally  or  at  his  residence. 
He  shall  be  entitled  to  produce  witnesses  and  defend  him- 
self. The  examining  board  may  send  for  witnesses  and 
examine  them  on  oath  touching  the  matter  under  investi- 
gation, which  oath  or  affirmation  may  be  administered  by 
any  member  of  the  board.     (R.  S.  Sec.  4081.) 

Section  7851.  The  fees  and  the  per  diem  of  examin- 
ers for  conducting  such  investigation,  at  three  dollars  a  day 
each,  and  other  expenses  of  such  trial  shall  be  certified  to 
the  city  auditor  by  the  clerk  and  president  of  the  examining 
board,  and  be  paid  out  of  the  city  treasury  upon  the  order 
of  the  city  auditor.     (R.  S.  Sec.  4081.) 

Section  7852.  The  provisions  of  this  chapter  relating 
to  the  kinds  of  certificates  authorized  to  be  issued  by  the 
county  boards  of  school  examiners  for  teachers  in  elemen- 
tary schools,  high  schools,  and  for  superintendents  shall 
apply  to  city  boards  of  school  examiners ;  except  that  city 
boards,  in  th^ir  discretion,  may  require  teachers  in 
elementary  schools  to  be  examined  in  drawing,  music,  or 
German  if  such  subjects  are  a  part  of  the  regular  work 
of  such  teachers.     (R.  S.  Sec.  4082.)" 

Section  7853.  Each  city  board  of  education  shall  fix 
the  compensation  of  the  members  of  the  city  board  of 
school  examiners,  the  additional  compensation  of  the  clerk, 
and  the  person  or  persons  called  to  their  assistance,  fur- 
nish the  necessary  books,  blanks  and  stationery  for  their 
use,  designate  a  school  building  within  the  district  in  which 
they  shall  conduct  examinations  and  cause  such  building 
to  be  lighted  and  heated  if  necessary.     Such  compensation. 


Temporary 
certificates. 


Minimum  age 
limit;  revoca- 
tion of  certifi- 
cate. 


Fees    for 
examiners 
conducting  in- 
vestigation. 


Kind   of   cer- 
tificates   au- 
thorized to  be 
issued;     pro- 
viso. 


Compensation 
of    members 
and  clerk; 
incidental 
expenses. 


144  EXAMINERS. 

and  the  incidental  expenses  incurred  on  account  of  the 
board  of  examiners,  shall  be  paid,  by  order  of  the  board  of 
education,  from  the  contingent  fund  of  the  district.  (R.  S. 
Sec,  4083.) 

Duties  of  Section  7854.     The  clerk  of  the  city  board  of  school 

clerk  of  city     examincrs  shall  keep  a  record  of  its  proceedine^s,  and  such 

board    of  ,     ,•    .•  ^i  ,.    r  •      •  <■  ^         ^ 

school  ex-        statistics  as  the  state  commissioner  of  common  schools  re- 
aminers.  quires,  in  the  form  and  manner  he  requires,  and  report  such 

statistics  to  him  annually,  on  or  before  the  first   day  of 

September.     (R.  S.  Sec.  4084.) 

Disposition  of  Section  7855.     Such  clerk  shall  pay  the  examination 

fees"""^^'°"  fees  received  by  him  to  the  treasurer  of  the  district  within 
ten  days  after  each  meeting,  and  at  the  same  time  file  with 
the  clerk  of  the  board  of  education  a  written  statement  of 
the  amount,  also  a  statement  of  the  number  of  applicants, 
male  and  female,  examined,  the  number  of  certificates 
granted,  and  for  what  terms.  Fees  paid  to  the  treasurer 
of  the  district  shall  be  applied  to  the  support  of  teachers' 
institutes,  as  provided  in  chapter  eight.     (R.  S.  Sec.  4084.) 

Consideration  SECTION   7856.     All   manuscripts   filed   as  answers  to 

answefs^-'^^^s^'"    ^westious   propouudcd   to   any   applicant   appearing   before 
sue  of  certifi-   any   couuty   or   city  board   of   school   examiners,   shall  be 
of  ^aiiur?'^*'^^  promptly  considered  and  passed   upon  by   that   board   to- 
gether with  the  results  of  oral  tests,  if  any,  and  such  other 
information   as   comes   to   it   touching   the   fitness    af   any 
applicant  for  teaching  in  the  public  schools.  The  board  shall 
promptly  issue  all  certificates  granted  to  successful  appli- 
cants and  send  notices  of  failure  to  those  who  fail  in  the 
-  the  examination,  if  such  there  be.     (R.  S.  Sec.  4085.) 

i^ianuscripts  SECTION  7857.     All  such  mauuscripts  shall  be  kept  on 

^o  be  placed  fl]e  for  sixty  days  by  the  members  of  the  examining  board 
propounding  the^  questions.  If,  within  the  sixty  days,  any 
applicant  after  receiving  his  returns  from  the  examination 
has  cause  to  and  does  believe  that  he  has  been  discrimin- 
ated against  and  his  manuscript  unfairly  graded,  he  may 
review  his  manuscripts  with  the  member  or  members  of 
Right  of  ap-  ^^''^  board  having  them  in  charge.  If  after  such  inspection 
peal.  and  review,  he  is  still  of  the  opinion  that  the  board  will 

not  correct  the  error,  if  any,  and  issue  his  certificate,  he 
may  appeal  his  case  to  the  state  commissioner  of  common 
schools  for  final  review.     (R.  S.  Sec.  4085.) 

Applicant's  SECTION  7858.     Such  appeal  shall  be  in  the  form. of 

ight  of  an  affidavit  setting  forth  the  facts  as  he  believes  them  ac- 

companied by  a  fee  of  one  dollar  to  cover  the  expenses 
incident  thereto,  and  requesting  that  the  matter  be  inquired 
into.  Thereupon  such  commissioner  shall  require  the  clerk 
of  such  board  to  procure  and  forward  such  manuscripts, 
together  with  a  full  explanation  of  the  reasons  for  the 
board's  action.  Upon  his  examination  of  all  the  facts,  to- 
gether with  the  manuscripts,  if  he  finds  that  the  appHcant 
was  denied  a  certificate  when  he  should  have  been  granted 


appeal. 


EXAMINERS.  145 

one  and  has  been  discriminated  against  by  the  board,  he 
shall  order  it  forthwith  Vo  issue  a  certificate  of  the  date  of 
the  examination  attended  by  the  applicant,  and  indicate  the 
length  of  time  such  certificate  shall  be  valid.  If,  upon  in- 
spection of  the  manuscript  and  reviewing  the  facts  sub- 
mitted, the  commissioner  concludes  that  no  injustice  has 
been  done,  he  shall  so  notify  the  applicant  and  the  clerk  of 
the  board  of  examiners.     (R.  S.  Sec.  4085.) 

(House  Bill  No.  47.) 
To  provide  for  certiiication  of  teachers  in  the  public  schools. 
Be  it  enacted  by  the  General  Assembly  of  the  State  of  Ohio : 
7858-1.  Section  i.  That  the  diploma  of  any  normal 
school,  teachers'  college,  college  or  university,  approved  by 
the  state  commissioner  of  common  schools,  shall  entitle  the 
holder  thereof,  when  he  or  she  has  successfully  passed  the 
examination  provided-  in  section  5  of  this  act,  to  a  pro- 
visional' elementary  school  certificate  valid  for  four  years 
in  any  school  district  in  Ohio;  provided  said  diploma  is 
granted  only  to  such  students  as  have  taken  a  full  two-year 
academic  and  professional  course,  entrance  to  which  shall 
require  graduation  from  a  high  school  of  the  first  grade, 
or  its  equivalent  which  shall  be  determined  in  such  manner 
as  the  state  commissioner  of  common  schools  may  direct. 

7858-2.  Section  2.  That  the  diploma  of  a  graduate 
of  any  normal  school,  teachers'  college,  college  or  university 
approved  by  the  state  commissioner  of  common  schools, 
shall  entitle  the  holder  thereof,  when  he  or  she  has  suc- 
cessfully passed  the  examination  provided  in  section  5  of 
this  act,  to  a  provisional  high  school  certificate  valid  for 
four  years  in  any  school  district  in  Ohio;  provided  said 
diploma  is  granted  only  to  such  students  as  have  taken  a 
full  four  years'  academic  and  professional  course,  entrance 
to  which  shall  require  graduation  from  a  high  school  of  the 
first  grade,  or  its  equivalent  which  shall  be  determined  in 
such  manner  as  the  state  commissioner  of  common  schools 
may  direct. 

7858-3.  Section  3.  The  two-year  and  four-year 
courses  referred  to  herein  shall  include  actual  teaching 
under  supervision  in  a  training  school,  including  elemen- 
tary or  secondary  grades,  as  the  case  may  be,  and  shall  be 
approved  by  the  State  Commissioner  of  Common  Schools. 

7858-4.  Section  4.  The  diploma  or  certificate  of  pro- 
ficiency issued,  by  any  of  the  institutions  named  in 
section  i,  to  students  having  completed  a  special  course, 
with  training  school  experience,  in  music,  drawing,  pen- 
manship, manual  training,  physical  culture,  domestic 
science,  kindergartening,  German,  or  such  other  studies  as, 
by  law  or  custom,  are  required  as  subjects  of  instruction 
by  special  teachers  or  supervisors  shall  entitle  the  holder 
thereof,  when  he  or  she  has  successfully  passed  the  examin- 
10    s.  L. 


146  EXAMINERS. 

ation  provided  in  section  5  of  this  act,  to  a  special  cer- 
tificate valid  for  four  years  in  any  school  district  in  Ohio; 
provided  that  no  such  diploma  or  certificate  shall  be  issued 
to  any  one  not  having  at  least  two  years  of  academic  and 
professional  training  beyond  graduation  from  a  high  school 
of  the  first  grade,  or  its  equivalent  which  shall  be  de- 
termined in  such  manner  as  the  state  commissioner  of  com- 
mon schools  may  direct. 

7858-5.  Section  5.  When  any  holder  of  a  diploma 
as  provided  in  sections  i,  2  and  4  of  this  act  makes  appli- 
cation to  a  board  of  county  examiners  for  a  certificate 
under  this  act,  said  applicant  shall  pay  a  fee  of  one  dollar 
and  fifty  cents  to  the  clerk  of  the  board  of  county  examin- 
ers, fifty  cents  of  said  fee  to  be  paid  into  the  institute  fund 
of  the  county  in  which  the  appHcant  writes  the  examin- 
ation and  one  dollar  of  it  to  be  forwarded  to  the  state  com- 
missioner of  common  schools  to  be  u^ed  in  defraying  the 
expenses  of  grading  the  manuscripts  of  the  said  applicant 
who  shall  pay  the  same  into  the  state  treasury  to  the  credit 
of  the  general  revenue  fund.  The  board  of  county  examin- 
ers shall  collect  the  manuscripts  as  the  applicants  complete 
them,  and  at  the  close  of  the  examination,  in  the  presence 
of  the  applicant,  shall  enclose  them  in  an  envelope  provided 
for  that  puropse,  seal  and  forward  them  to  the  state  com- 
missioner of  common  schools ;  who  within  thirty  days  from 
the  time  of  receiving  the  manuscripts  shall  cause  them  to 
be  graded.  The  state  commissioner  of  common  schools 
shall  forward  the  result  of  such  grading  to  the  applicant 
and  to  the  clerk  of  the  board  of  county  examiners.  If  such 
applicant  has  successfully  passed  the  examination,  with 
such  grades  as  the-  state  commissioner  of  common  schools 
may  require,  then  the  commissioner  shall  forward  to  the 
clerk  of  the  board  of  county  examiners  a  certificate  to  be 
countersigned  by  said  board  of  coimty  examiners  duly 
made  out  for  and  in  the  name  of  the  applicant,  and  said 
certificate  shall  be  vaHd  in  any  school  district  of  the  state, 
as  provided  in  sections  i,  2  and  4  of  this  act.  The  time  of 
holding  such  examination^  and  the  list  of  questions  sub- 
mitted shall  be  the  same  as  provided  for  in  sections  7817 
and  7819  of  the  General  Code. 

7858-6.  Section  6.  It  shall  be  the  duty  of  the  State 
Board  of  School  Examiners  to  issue  to  every  holder  of  a 
provisional  certificate  as  herein  described,  a  life  certificate 
of  similar  kind,  upon  satisfactory  evidence  that  the  holder 
thereof  has  taught  successfully  at  least  twenty-four  months. 
In  addition,  applicants  for  common  school  certificates  shall 
be  examined  in  Theory  and  Practice  of  Teaching.  Appli- 
cants for  High  School  certificates  shall  be  examined  in 
Theory  and  Practice  of  Teaching,  History  of  Education 
and  Science  of  Education.  Applicants  for  special  certifi- 
cates shall  be  examined  in  Theory  and  Practice  of  Teach- 
ing and  in  the  Special  Branch.  The  applicant  shall  pay 
the  usual  examination  fee. 


EXAMINERS.  147" 

7858-7.  Section  7.  It  shall  be  the  duty  of  the  State 
Board  of  School  Examiners  to  issue  to  every  holder  of  a 
professional  certificate,  issued  by  a  city  or  county  board  of 
examiners,  a  life  certificate  of  similar  kind,  upon  satis- 
factory evidence  that  the  holder  thereof  has  taught  suc- 
cessfully at  least  ten  years.  In  addition,  applicants  for 
common  school  certificates  shall  be  examined  in  Theory  and 
Practice  of  Teaching.  Applicants  for  High  School  cer- 
tificates shalh  be  examined  in  Theory  and  Practice  of 
Teaching,  History  of  Education  and  Science  of  Education. 
Applicants  for  special  certificates  shall  be  examined  in 
Theory  and  Practice  of  Teaching  and  in  the  Special  Branch. 
The  applicant  shall  pay  the  usual  examination  fee. 
GRANVILLE  W.  MOONEY, 
Speaker  of  the  House  of  Representatives. 
FRANCIS  W.  TREADWAY, 

President  of  the  Senate. 
Passed  May  10,  19 10. 
Approved  May  19,  19 10. 

JUDSON  HARAION,  Governor. 


CHAPTER  8. 


TEACHERS'  INSTITUTES. 


-Section 

COUNTY    INSTITUTE. 
7859.     Organization    of    county    teachers'    insti- 
tutes. 
"7860.    Officers;    term. 

7861.  When  election  to  be  held. 

7862.  Vacancies. 

"7863.    Duty  of  executive  <:oramittee ;    bond. 
"7864.     Payment  of  institute  fund  to  committee. 
7865.     Report   of  secretary. 
"7866.     His  compensation. 
"7867.     Forfeiture  of   committee's  bond. 
"7868.     When   school   commissioner  may  hold  in- 
stitute. 


Section 

7869.  Teachers    may    dismiss    school    to    attend 

institute. 

7870.  Pay  for  attending  institute. 


CITY  INSTITUTE. 

7871.  Institute   for  city  districts. 

7872.  Expenses  of,  how  provided  for. 

7873.  When   city  fund  to   be  paid  into  county 

fund. 

7874.  Length   of  session;     report  to  state  com- 

missioner. 


OTi:aTri^ation 
of    county 
teachers'  in- 
stitutes. 


-Officers;    term. 


"When  election 
to  be  held. 


COUNTY    INSTITUTE. 

Section  7859.  A  teachers'  institute  may  be  organized 
in  any  county,  by  the  association  of  not  less  than  thirty 
practical  teachers  of  the  common  schools  residing  therein, 
who  must  declare  their  intention  in  writing  to  attend  such 
institute,  the  purpose  of  which  shall  be  the  improvement 
of  such  teachers  in  their  profession.     (R.  S.  Sec.  4086.) 

Section  7860.  Such  institute,  annually,  shall  elect  by 
ballot,  a  president,  secretary,  and  one  member  of  an  execu- 
tive committee,  to  serve  for  a  term  of  three  years;  except, 
that  at  the  first  annual  election  held  after  the  organization 
of  an  institute,  three  members  of  the  executive  committee 
must  be  elected.  The  one  receiving  the  highest  number  of 
votes  shall  serve  three  years;  the  one  receiving  the  next 
highest  number,* two  years ;  and  the  one  receiving  the  next 
liighest  number  one  year.  The  president  and  secretary  of 
the  institute  shall  be  ex-officio  members  of  the  executive 
committee  and  act  as  chairman  and  secretary  thereof.  (R. 
S.  Sec.  4086.) 

Since  the  president  and  secretary  of  the  institute  are  ex-officio  members 
of  the  executive  committee,  the  other  members  of  the  committee  alone  cannot 
lawfully  organize  the  committee.  The  president  of  the  institute  is  chairman 
of  the  committee  and  the  secretary  of  the  institute  is  secretary  of  the  com- 
mittee. 

Sec.  2457.  The  commissioners  of  the  several  counties  of  the  state  may 
receive  bequests,  donations  and  gifts  of  real  and  personal  property  and  money 
to   promote  and   advance  the  cause   of   education   in  their   respective  counties; 

a  part  may  be  used  to  defray  the  expenses  of  the  teachers' 

institute,    each   year. 

The  purpose  of  a  teachers'  institute  being  the  improvement  of  the  teach- 
ers entitled  to  its  privileges  In  their  profession,  it  clearly  follows  that  the 
instruction  given  therein  should  be  mainly  upon  methods  of  teaching  and  the 
management  of  schools. 

Section  7861.  Such  election  of  officers  shall  be  held 
during  the  session  of  such  institute  and  at  a  time  fixed  by 
the  executive  committee  thereof.  At  least  three  days'  notice 
of  the  election  must  be  given  the  members  of  such  insti- 
tute by  posting  conspicuously  in  the  room,  where  the  in- 
stitute is  held,  a  notice  of  the  time  and  place  of  holding  it, 
and  of  the  officers  to  be  voted  for.     (R.  S.  Sec.  4086.) 

148 


TEACHERS      INSTITUTES. 


14^ 


Section  7862.  A  vacancy  in  the  office  of  president,  Vacancies, 
secretary,  or  member  of  the  executive  committee  caused  by 
death,  resignation,  removal  from  the  county  or  other  cause, 
may  be  filled  by  the  executive  committee,  the  person  elected 
to  serve  until  the  next  annual  irecting  of  the  institute.  (R. 
S.  Sec.  4086.) 


Duty    of 
executive 
committee; 
bond. 


Payment    of 
institute   fund 
to   committee. 


Report    of 
secretary. 


Section  7863.  Such  executive  committee  shall  man- 
age the  affairs  of  the  institute.  The  committee  must  enter 
into  a  bond,  payable  to  the  state,  with  sufficient  surety,  to 
be  approved  by  the  county  auditor,  in  double  the  amount 
of  the  institute  fund  in  the  county  treasury,  for  the  benefit 
of  the  institute  fund  of  the  county,  and  conditioned  that 
the  committee  shall  account  faithfully  for  the  money  which 
comes  into  its  possession,  and  make  the  report  to  the  com- 
missioner of  common  schools,  required  in  section  seventy- 
eight  hundred  and  sixty-five.     (R.  S.  Sec.  4086.) 

Section  7864.  The  declaration  and  bond  shall  be  filed 
with  the  county  auditor.  Thereupon  he  shall  give  to  the 
institute  committee  an  order  on  the  county  treasury  for  the 
amount  of  the  institute  fund  in  the  treasury.  Any  portion 
of  the  fund  not  disbursed  by  the  committee  must  be  re- 
turned to  the  county  treasury,  on  the  certificate  of  the 
county  auditor.     (R.  S.  Sec.  4087.) 

Section  7865.  Within  five  days  after  the  adjourn- 
ment of  the  institute,  its  secretary  shall  report  to  the  state 
commissioner  of  common  schools  the  number  of  teachers 
in  attendance,  the  names  of  instructors  and  lecturers  at- 
tending, the  amount  of  money  received  and  disbursed  by 
the  committee  and  such  other  information  relating  to  the 
institute  as  the  commissioner  requires.     (R.  S.  Sec.  4088.) 

Blanks  for    reports   are   sent   to    the   county   auditor    for   distribution. 

Section  7866.  The  secretary  may  be  allowed  com- 
pensation not  to  exceed  ten  dollars  for  making  such  report 
and  for  his  services  as  secretary,  to  be  paid  out  of  the  in- 
stitute fund  of  the  county.  No  other  compensation  shall 
be  allowed  any  officer  or  member  of  the  executive  com- 
mittee. On  failure  to  make  such  report,  the  secretary  shall 
forfeit  and  pay  to  the  state  the  sum  of  fifty  dollars.  (R. 
S.  Sec.  4088.) 

Section  7867.  Upon  the  forfeiture  of  the  com-  Forfeiture  of 
iiiittee's  bond,  the  prosecuting  attorney  of  the  county  shall  committee's 
prosecute  an  action  thereon,  in  the  name  of  the  state,  and 
collect  any  money  which  the  committee  failed  to  disburse 
according  to  law,  and  any  penalty  to  which  it  may  be  liable 
under  this  chapter,  and  pay  it  into  the  county  treasury,  to 
the  credit  of  the  institute  fund.     (R.  S.  Sec.  4089.) 

Section    7868.     When    a    teachers'    institute   has   not  when  school 

been  held  in  a  county  within  two  years,  the  commissioner  commissioner 

of  common  schools  may  hold  or  cause  such  institute  to  be  Stut'e. 
held    therein.     The    management    thereof,    and    all    pro- 


His  compensa- 
tion. 


^50 


teachers'  institutes. 


Teachers  may 
dismiss  school 
to  attend 

institute. 


Pay  for 
attending 
institute. 


ceedings  in  relation  thereto,  shall  be  the  same  as  herein- 
before provided,  except  that  the  written  declaration  re- 
quired shall  not  be  necessary.     (R.  S.  Sec.  4090.) 

Section  7869.  All  teachers  and  superintendents  of 
the  public  schools  within  any  county  in  which  a  county  in- 
stitute is  held  while  the  schools  are  in  session,  may  dismiss 
their  schools  for  one  week  for  the  purpose  of  attending 
such  institute.     (R.  S.  Sec.  4091.) 

Section  7870.  The  boards  of  education  of  all  school 
districts  are  required  to  pay  the  teachers  and  superintend- 
ents of  their  respective  districts  their  regular  salary  for  the 
week  they  attend  the  institute  upon  the  teachers  or  super- 
intendents presenting  certificates  of  full  regular  daily  at- 
tendance, signed  by  the  president  and  secretary  of  such  in- 
stitute. If  the  institute  is  held  when  the  public  schools  are 
not  in  session,  such  teachers  or  superintendents  shall  be 
paid  two  dollars  a  day  for  actual  daily  attendance  as  cer- 
tified by  the  president  and  secretary  of  such  institute,  for 
not  less  than  four,  nor  more  than  six  days  .of  actual  attend- 
ance, to  be  paid  as  an  addition  to  the  first  month's  salary 
after  the  institute,  by  the  board  of  education  by  which  such 
teacher  or  superintendent  is  then  employed.  In  case  he  or 
she  is  unemployed  at  the  time  of  the  institute,  such  salary 
shall  be  paid  by  the  board  next  employing  such  teacher 
or  superintendent,  if  the  term  of  employment  begins  within 
three  months  after  the  institute  closes.     R.  S.  Sec.  4091.) 

Stipulation  denying  teacher  compensation  for  teacher's  institute  void. 
30  O.   C.   C,  411    (11  N.    S.  103.) 

Beverstock  v.   Bd.   of  Ed.,  75  O.   S.,  144. 

Reid   V.    Muhlenberg   Tp.    (Bd.   of  Ed.)    16   O.    D.   N.    P.,   414. 


LttStl 

:ity 


tutes    for 
districts. 


Expenses  of, 
how  provided 
•for. 


AVhen   city 
fund  to  be 
paid    into 
vrountv    fund. 


CITY    INSTITUTE. 

Section  7871.  The  board  of  education  of  each  city 
school  district  may  provide  for  holding  an  institute  yearly 
for  the  improvement  of  the  teachers  of  the  common  schools 
therein.  General  meetings  of  the  teachers  of  a  city  dis- 
trict held  upon  not  less  than  four  days  in  any  year,  whether 
consecutive  days  or  not,  for  the  purposes  of  instruction, 
shall  constitute  a  teachers'  institute  for  a  city  district  with- 
in the  meaning  of  this  section.     (R.  S.  Sec.  4092.) 

Section  7872.  The  expenses  of  such  institute  shall  be 
paid  from  the  city  institute  fund  hereinbefore  provided  for. 
In  addition  to  this  fund  th«  board  of  education  of  any  dis- 
trict annually  may  expend  for  the  instruction  of  the  teach- 
ers thereof,  in  an  institute  or  in  such  other  manner  as  it 
prescribes,  a  sum  not  to  exceed  five  hundred  dollars,  to  be 
paid  from  its  contingent  fund.     (R.  S.  Sec.  4092.) 

Section  7873.  If  the  board  of  a  district  does  not 
provide  for  such  institute  in  any  year,  it  shall  cause  the  in- 
stitute fund  in  the  hands  of  the  district  treasurer  for  the 
year  to  be  paid  to  the  treasurer  of  the  county  wherein  the 
district  is  situated,,  who  shall  place  it  to  the  credit  of  the 


TEACHERS      INSTITUTES. 


151 


county  institute  fund.  The  teachers  of  the  schools  of  such 
district  in  such  case,  shall  be  entitled  to  the  advantages  of 
the  county  institute,  subject  to  the  provisions  of  sections 
seventy-eight  hundred  and  sixty-nine,  and  seventy-eight 
hundred  and  seventy.  The  clerk  of  the  board  shall  make 
the  report  of  the  institute  required  by  the  next  following 
section.     (R.  S.  Sec.  4092.) 

Section  '  7874.  All  institutes  held  under  the  pro- 
visions of  this  chapter  shall  continue  at  least  four  days. 
A  report  of  the  institute  held  in  pursuance  of  the  provisions 
of  sections  seventy-eight  hundred  and  seventy-one  and 
seventy-eight  hundred  and  seventy-two  shall  be  made  to  the 
state  commissioner  of  common  schools  within  five  days 
after  the  adjournment  thereof.  It  must  state  the  number 
of  teachers  in  attendance,  the  names  of  the  instructors  and 
lecturers,  the  total  expenses  of  the  institute,  the  portion 
thereof  paid  from  the  institute  funds,  and  such  other  in- 
formation relating  to  the  institute  as  the  commissioner  re- 
quires.    (R.  S.  Sec.  4094.) 


Length   of 
session;   report 
to  state  com- 
missioner. 


CHAPTEE  9. 


TEACHERS'  PENSIONS. 


of      school-teachers'      pension 


Section 

7875.  Trustees 
s  fund. 

7876.  Election  of  board  of  trustees. 

7877.  How  fund  created  and  investeds 

7878.  Notice  to  teachers;     acceptance. 

7879.  Investment   of   funds;     payment    of   pen- 

sions. 
78S0.     Retirement  and  pension  of  teachers. 

7881.  Meaning  of  term  "teacher." 

7882.  Teachers  entitled  to  pension. 

7883.  Amount  of  pension. 

7884.  Who  not  entitled  to  pension. 

7885.  How,  when  fund  insufficient  to  pay  pen- 

sions. 


Section 

7886.     Use  of  principal   and   income. 

Pension  exempt. 

Monthly  certifications  of  deductions  from 
salaries. 

Who  custodian  of  fund. 

Duties. 

Rebate  in  case  of  resignation  or  removal. 

Heirs,    legatees    or    assigns    of    deceased 
teacher  entitled   to   half   amount  paid. 

Rules  and  regulations. 

Monthly  payments  to  be  made  by  board. 

Payments   from   contingent    fund. 

Transfer   of   existing   funds. 


7887. 


7891. 


7893, 
7894. 
7895, 
7896, 


Trustees    of 
school    teach- 
ers'  pension 
fund. 


Election    of 
board    of 
trustees. 


How     fund 
created    and 
invested. 


Section  7875.  When  the  board  of  education  of  a 
school  district  by  resolution,  adopted  by  a  majority  vote  of 
the  members  thereof,  declares  that  it  is  advisable  to  create 
a  school-teachers'  pension  fund  for  that  school  district,  such 
fund  shall  be  under  the  management  and  control  of  a  board 
to  be  known  as  ''the  board  of  trustees  of  the  school-teach- 
ers' pension  fund"  for  such  district.  Such  board  shall  be 
composed  of  not  less  than  three,  nor  more  than  seven 
members,  as  the  board  of  education  by  resolution  declares. 
If  composed  of  less  than  five  a  member  of  the  board  of 
trustees  of  such  pension  fund  shall  be  elected  by  the  board 
of  education  of  such  school  district,  and  the  remaining 
members  by  the  teachers  of  the  public  schools,  including  the 
teachers  of  any  high  schools,  of  such  district,  who  have 
accepted  the  provisions  hereinafter  provided.  If  such  board 
is  to  be  composed  of  five  or  more  members,  two  members 
of  the  board  of  trustees  of  such  school  district  shall  be 
elected  by  the  board  of  education  thereof,  and  the  remain- 
ing members  by  the  teachers  of  the  public  schools,  including 
the  teachers  of  any  high  school  schools  of  such  school  dis- 
trict, who  have  accepted  such  provisions.  (R.  S.  Sec. 
3897b.) 

Section  7876.  .  The  election  of  the  members  of  such 
board  by  the  teachers  shall  be  at  a  meeting  called  by  the 
superintendent  of  schools  of  such  school  district,  the  first 
election  to  be  at  a  meeting  to  be  called  by  the  superintend- 
ent when  one-third  of  the  public  school  teachers  of  such 
school  district  have  accepted  the  provisions  of  this  chapter. 
Members  of  the  board  of  trustees  of  such  pension  fund 
shall  be  elected  for  such  length  of  time  as  the  board  of  edu- 
cation of  the  school  district  by  resolution  declares,  to  serve 
not  less  than  one,  nor  more  than  three  years.  They  shall 
serve  until  their  successors  are  elected  and  qualified,  and 
without  compensation.     (R.  S.  Sec.  3897b.) 

Section  7877.  When  the  board  of  education  of  any 
school  district  has  declared   the  advisability  of  creating  a 


TEACHERS      PENSIONS. 


153 


Notice    to 

teachers; 

acceptance. 


school-teachers'  pension  fund,  its  clerk  shall  notify  each 
teacher  in  the  public  schools  and  high  schools,  if  any,  of  the 
school  district,  by  notice  in  writing  of  the  passage  of  sucli 
resolution,  and  require  the  teachers  to  notify  th^  board  in 
writing  within  thirty  days  from  the  date  of  such  notice 
whether  they  consent  or  decline  to  accept  the  provisions  of 
law  for  creating  such  a  fund.  After  the  election  of  the 
board  of  trustees  herein  provided  for,  two  dollars  shall  be 
deducted  by  the  proper  officers  from  the  monthly  salary  of 
each  teacher  who  accepted  such  provisions,  and  from  the 
salary  of  new  teachers  who  afterward  accept  them,  such 
sum  to  be  paid  into  and  applied  to  the  credit  of  such  pen- 
sion fund,  and  shall  continue  so  to  deduct  that  sum  durin;^ 
the  term  of  service  of  such  teacher.     (R.  S.  Sec.  3897c.) 

Held  to  create  a  mutual  contract  in  the  nature  of  insurance;  henc?- 
all  terms  should  be  gfiven  a  fair  interpretation,  "without  favor,  and  where  on- 
does  not  come  within  the  express  terms  there  is  no  reason  to  strain  them  ta 
include  him.     7  O.   C.   C,  N.  S.  337. 

Sectaon  7878.  All  teachers  hereafter  appointed  in 
such  public  schools,  or  high  schools,  if  any,  in  such  school 
district,  within  thirty  days  after  their  appointment,  shall  be 
notified  by  the  clerk  of  such  board  of  education  of  the 
election  of  the  board  of  trustees  of  sucb  school-teachers' 
pension  fund,  and  within  six  months  thereafter  be  require:! 
to  notify  the  board  of  education  whether  they  consent  or 
decline  to  accept  the  provisions  of  law  therefor.  All  moneys 
received  from  donations,  legacies,  gifts,  bequests  or  from 
any  other  source  shall  also  be  paid  into  such  fund,  or  into 
a  permanent  fund.  If  paid  into  a  permanent  fund,  only  the 
interest  thereof  shall  be  applied  to  the  payment  of  pensions. 
(R.  S.  Sec.  3897c.) 

Section    7879.     Such   board   of    trustees   may    invest    investment  of 
such  pension  fund  in  the  name  of  the  board  in  bonds  of  the    funds;   pay- 
United  States,  or  of  the  state  of  Ohio,  or  of  any  county,    {I^n"sions. 
or  municipal  corporation,  or  school  district  in  this  state ;  and 
may  make  payments  from  such  fund  for  pensions  granted 
in  pursuance  of  the  laws  relating  thereto.     The  board  of 
trustees  from  time  to  time  also  may  make  and  establish  such 
rules  and  regulations  for  the  administration  of  the  fund  as 
they  deem  best.     (R.  S.  Sec,  3897c.) 

Section    7880.     Such    board    of    education    of    such    ^^^5^.^^^^^ 
school  district,  and  a  union,  or  other  separate  board,  if  any,   anV^^^^s^on 
having  the  control  and  management  of  the  high  schools  of    °^  teachers, 
such  district,  may  each  by  a  majority  vote  of  all  the  mem- 
bers composing  the  board  on  account  of  physical  or  mental 
disability,  retire   any  male  or   female   teacher  under   such 
board   who  has   taught    for   a   period   aggregating   twenty 
years.    One-half  of  such  period  of  service  must  have  been 
rendered  by  such  beneficiary  in  the  public  schools  or  higli 
schools  of  such  school  district,  or  in  the  public  schools  or 
high  schools  of  the  county  in  which  it  is  located,  and  the 
remaining  one-half  in  the  public  schools  of  this  state  or 
elsewhere.    (R.  S.  Sec.  3897d,  as  amended  May  10,  1910.) 


154 


TEACHERS      PENSIONS. 


Meaning    of 
term   "teacher' 


Teachers 
entitled    to 
pension. 


Amount    of 
pension. 


Who  not  en- 
titled to  pen- 
sion. 


How,    when 
fund    insuf- 
ficient to  pay 
pensions. 


Use   of   prin- 
cipal   and 
income. 


Pension    ex- 
empt. 


Section  7881.  The  term  ''teacher"  in  thi«  chapter, 
shall  include  all  teachers  regularly  employed  by  either  of 
such  boards  in  the  day  schools,  including  the  superintendent 
of  schools,  all  superintendents  of  instruction,  principals, 
and  special  teachers,  but  in  estimating  years  of  service, 
only  service  in  public  day  schools  or  day  high  schools,  sup- 
ported in  whole  or  in  part  by  public  taxation,  shall  be  con- 
sidered.    (R.  S.  Sec.  3897d.) 

Section  7882.  Any  teacher  may  retire  and  become 
a  beneficiary  under  this  chapter  who  has  taught  for  a  period 
aggregating  thirty  years.  But  one-half  of  such  term  of 
service  must  have  been  rendered  in  the  public  schools  or  in 
the  high  schools  of  such  school  district,  or  in  the  public 
schools  or  high  schools  of  the  county  in  which  the  district 
is  located,  and  the  remaining  one-half  in  the  public  schools 
of  this  state  or  elsewhere.  (R.  S.  Sec.  3897d,  as  amended 
May  10,  1910.) 

Section  7883.  Each  teacher  so  retired  or  retiring 
shall  be  entitled  during  the  remainder  of  his  or  her  natural 
life  to  receive  as  pension,  annually,  twelve  dollars  and  fifty 
cents  for  each  year  of  service  as  teacher,  except  that  in  no 
event  shall  the  pension  paid  to  a  teacher  exceed  four 
hundred  and  fifty  dollars  in  any  one  year.  Such  pensions 
shall  be  paid  monthly  during  the  school  year.  (R.  S.  Sec. 
3897d,  as  amended  May  10,  1910.) 

Section  7884.  No  such  pension  shall  be  paid  until  the 
teacher  contributes,  or  has  contributed,  to  such  fund  a  sum 
equal  to  twenty  dollars  a  year  for  each  year  of  service 
rendered  as  teacher,  but  which  sum  shall  not  exceed  six 
hundred  dollars.  Should  any  teacher  retiring  be  unable  to 
pay  the  full  amount  of  this  sum  before  receiving  a  pension, 
in  paying  the  annual  pension  to  such  retiring  teacher,  the 
board  of  trustees  must  withhold  on  each  month's  pa3^ment 
twenty  per  cent,  thereof,  until  the  amount  above  provided 
has  been  thus  contributed  to  the  fund.  ,  (R.  S.  Sec.  3897d.) 

Section  7885.  If  such  pension  fund  at  any  time  be 
insufficient  to  meet  the  pensions  so  provided  for,  during  the 
period  it  is  insufficient  to  make  such  payment,  the  amount 
in  such  fund  shall  be  prorated  between  the  parties  entitled 
thereto.     (R.  S.  Sec.  3897d.) 

Section  7886.  Such  board  of  trustees  may  use  both 
the  principal  and  income  of  such  fund  for  the  payment  of 
the  premiums  herein  provided  for,  and  the  expense  thereof, 
but  this  shall  not  apply  to  the  principal  of  moneys  received 
from  donations,  legacies,  gifts,  bequests,  or  other  such 
sources.     (R.  S.  Sec.  38976.) 

Section  7887.  Before  its  distribution  and  payment 
by  the  board  of  trustees  to  the  beneficiaries,  no  part  of 
such  pension  fund  shall  be  liable  to  be  taken  or  subjected 
by  any  writ  or  legar  process  against  the  beneficiary.  (R. 
S.  Sec.  38976.) 


TEACHERS      PENSIONS. 


155 


Section  7888.  The  clerk  of  the  board  of  education 
of  such  school  district,  and  the  clerk  of  the  union  board  of 
high  schools,  or  other  separate  board  having  the  control 
and  management  of  the  high  schools  of  the  district,  if  any, 
each  shall  certify  monthly  to  such  board  of  trustees  all 
amounts  deducted  from  the  salaries  of  the  teachers  as  above 
provided,  which  amounts,  as  well  as  all  other  moneys  con- 
tributed to  such  fund,  must  be  set  apart  as  a  special  fund 
for  the  purposes  herein  specified,  subject  to  the  order  of 
the  board  of  trustees.  Moneys  belonging  to  such  fund  shall 
be  paid  only  on  the  order  of  such  board,  entered  upon  its 
minutes  on  warrants  signed  by  its  president  and  secretary. 
(R.  S.  Sec.  3897f.) 

Section  7889.  The  treasurer  of  such  school  district 
shall  be  the  custodian  of  such  pension  fund,  and  keep  it 
subject  to  the  order,  control  and  direction  of  the  board  of 
trustees.  He  must  keep  books  of  accounts  concerning  the 
fund  in  such  manner  as  may  be  prescribed  by  such  board 
which  always  shall  be  subject  to  the  inspection  of  the  board 
of  trustees  or  of  any  member  thereof.  Such  treasurer  shall 
execute  a  bond  to  the  board  of  trustees  with  good  and  suf- 
ficient sureties  in  such  sum  as  the  board  requires,  which 
bond  shall  be  subject  to  its  approval,  and  be  conditioned  for 
the  faithful  performance  of  his  duties  as  custodian  and 
treasurer  of  the  board.     (R.  S.  Sec.  3897g.) 

Section  7890.  Such  treasurer  must  keep  and  truly 
account  for  all  moneys  and  profits  coming  into  his  hands, 
belonging  to  such  fund,  and  at  the  expiration  of  his  term 
of  office  pay  over,  surrender  and  deliver  to  his  successor 
all  securities,  moneys  and  other  property  of  whatsover  kind, 
nature  and  description  in  his  hands  or  under  his  control 
as  treasurer.  For  his  services  he  shall  be  paid  not  to  ex- 
ceed one  per  cent,  annually  of  the  amount  paid  into  the 
fund  during  the  year.     (R.  S.  Sec.  3897g.) 

Section  7891.  A  teacher  who  resigns  or  is  removed 
for  cause,  upon  application  within  three  months  after  such 
resignation  or  removal  takes  effect,  shall  be  entitled  to  re- 
ceive half  of  the  total  amount  paid  by  such  teacher  into 
such  fund.     (R.  S.  Sec.  3897h.) 

Section  7892.  In  case  of  the  death  of  a  teacher,  the 
heirs,  legatees  or  assigns  of  the  deceased,  shall  be  entitled 
to  receive  half  of  the  total  amount  paid  by  such  teacher 
into  such  fund  upon  application  therefor,  with  proof  of 
claim  to  the  satisfaction  of  the  board  of  trustees.  (R.  S. 
Sec.  389711-) 


Monthly   cer- 
tifications   of 
deductions 
from    salaries. 


Who    custo- 
dian   of    fund. 


Duties. 


Rebate  in  case 
of  resignation 
or  removal. 


Heirs,  legatees 
or   asigns    of 
deceased 
teacher   en- 
titled to  half 
amount    paid. 


Section  7893.     The  board  of  trustees  shall  make  such    Rules  and 
rules  and  regulations  as  it  may  deem  expedient  or  neces-   regulations, 
sary  for  its  government ;  which  must  be  adopted,  and  when 
adopted,  may  be  amended,  by  a  vote  of  not  less  than  two- 
thirds  of  all  the  members  of  the  board.     (R.  S.  Sec.  38971.) 


[=:6 


teachers'  pensions. 


Monthly  pay- 
ments   to    be 
made   by 
board. 


Payments 
from    contin- 
gent    fund. 


Section  7894.  The  board  of  education  in  any  school 
district  which  has  created,  or  shall  create,  a  teacher^'  pen- 
sion fund,  shall  pay  monthly  into  such  fund  all  deductions 
from  the  salaries  of  teachers  on  account  of  their  tardiness 
or  absence.     (R.  S.  Sec.  3897k.) 

Section  7895.  The  board  of  education  in  any  school 
district  which  has  created,  or  shall  create,  a  teacher's  pen- 
sion fund,  semi-annually,  shall  pay  from  the  contingent 
fund  of  such  school  district  into  such  fund,  not  less  than 
one  per  cent,  nor  more  than  two  per  cent,  of  the  gross 
receipts  of  the  board  raised  by  taxation,  which  shall  be 
applied  to  the  payment  of  teachers'  pensions,  as  herein- 
before provided.     (R.  S.  Sec.  3897I.) 

Transfer  of  SECTION  7896.     Upou  the  clcctiou  and  Organization  of 

existing  funds,  a  board  of  pension  trustees  under  this  chapter  in  any  school 
district,  any  school  teachers'  pension  fund  heretofore  cre- 
ated for  such  district  under  any  former  act  shall  be  trans- 
ferred to  the  board  of  trustees  created  under  this  chapter 
by  the  board  or  persons  having  control  thereof.  Bene- 
ficiaries under  such  transferred  fund  shall  receive  pensions 
under  this  chapter.     (R.  S.  Sec.  3897 j.) 


CHAPTER  10. 


NORMAL  SCHOOLS. 


Section 

7897.  State   normal   schools;     location. 

7898.  Maintenance,  control,   instruction. 

7899.  Local  tax  to  aid  such  school. 


Section 

7900.  Question  to  be  submitted  to  vote. 

7901.  When  another  election  may  be  held. 


Section  7897.  There  are  hereby  created  and  estab- 
lished two  state  normal  schools  to  be  located  as  follows : 
One  in  connection  with  the  Ohio  university,  at  Athens,  and 
one  in  connection  with  the  Miami  university,  at  Oxford. 
(95  V.  45  §  !•) 

Section  7898.  Boards  of  trustees  of  such  universities 
shall  maintain  at  their  respective  institutions  a  normal 
school  which  shall  be  co-ordinate  with  existing  courses  of 
instruction,  and  be  maintained  in  such  a  state  of  efficiency 
as  to  provide  proper  theoretical  and  practical  training  for 
all  students  desiring  to  prepare  themselves  for  the  work  of 
teaching.  Such  normal  schools,  in  each  case  shall  be  under 
the  general  charge  and  management  of  the  respective 
boards  of  trustees  of  such  universities.     (95  v.  45  §  2.) 

Section  7899.  The  trustees  of  any  township  in  this 
state,  in  which  a  normal  school  is  organized  and  conducted, 
annually  may  levy  a  tax,  not  exceeding  two  mills  on  the 
dollar  upon  all  the  taxable  property  of  the  township  for 
the  purpose  of  aiding  in  the  support  of  such  normal  school. 
(97  V.  389  §  I-) 

Section  7900.  Before  the  tax  can  be  levied,  the  ques- 
tion of  making  a  levy  for  such  purpose,  shall  be  submitted 
to  the  qualified  electors  of  the  township,  at  a  special  or  gen- 
eral election  to  be  held  therein,  due  notice  of  which  must 
be  given  at  least  twenty  days  prior  to  the  election,  by  pub- 
lication in  some  newspaper  of  general  circulation  in  the 
township.  If  a  majority  of  the  votes  cast  at  such  election 
upon  the  question  of  tax  levy  is  in  favor  of  levying  a  tax, 
then  the  trustees  of  the  township  thereafter  annually  shall 
make  the  levy  and  report  it  to  the  county  auditor  for  col- 
Iction  as  other  taxes  to  be  paid  over,  when  collected,  to  the 
duly  qualified  and  acting  treasurer  of  the  board  of  trustees 
of  such  normal  school.     (97  v.  389  §  2.) 

Section  7901.  At  any  time  after  four  years  from  the 
date  of  such  an  election,  another  election  may  be  petitioned 
for  and  shall  be  ordered  by  the  trustees  of  the  township,  if 
the  petition  be  signed  by  at  least  forty  per  cent,  of  the 
qualified  electors  of  the  township.     (97  v.  389  §  3.) 

157 


State   normal 

schools; 

location. 


Maintenance, 

control, 

instruction. 


Local    tax 
to  aid  such 
school. 


Question  to 
be  submitted 
to   vote. 


When    another 
election    may 
be  held. 


■n 


NORMAL    SCHOOLS. 

(House  Bill  No.  44.) 

AN  ACT 

To  provide  for  the  appointment  of  a  commission  to  establish  twa 
normal  schools  and  to  provide  for  the  maintenance  thereof. 

Be  it  enacted  by  the  General  Assembly  of  the  State  of  Ohio: 
Section  i.  That  the  normal  school  system  of  the 
State  of  Ohio  created  and  established  by  Chapter  Ten  of 
the  General  Code,  be  extended  by  the  creation  and  estab- 
lishment of  two  additional  state  normal  schools,  one  in 
Northeastern  Ohio  and  one  in  Northwestern  Ohio,  to  be 
so  located  as  to  afford  the  best  opportunity  possible  for  all 
the  people  to  obtain  the  benefits  and  advantages  to  be  de- 
rived from  teachers  trained  both  theoretically  and  practi- 
cally. Neither  of  such  schools  shall  be  located  in  any  city 
or  village  which  now  has  a  college  located  therein. 

Section  2.  Within  thirty  days  after  the  passage  of 
this  act  the  Governor  shall  appoint  a  commission  composed 
of  five  persons,  not  more  than  three  of  whom  shall  be  from 
any  one  political  party,  and  no  one  of  whom  shall  be  per- 
sonally or  financially  interested  in  any  site  determined  upon 
by  said  commission.  Said  appointees  shall  constitute  a  com- 
mission with  full  power  and  authority  to  select  suitable 
locations,  lands,  or  lands  and  buildings  and  secure  options 
on  the  same  as  said  commission  may  find  necessary  for  the 
establishment  of  said  Normal  Schools  and  upon  such  terms 
and  conditions  as  said  commission  may  deem  to  be  for  the 
best  interests  of  the  state  and  submit  a  report  of  their  pro- 
ceedings to  the  Governor  for  his  approval  on  or  before  the 
first  day  of  December,  1910.  The  members  of  said  com- 
mission shall  serve  without  compensation  but  shall  be  paid 
their  reasonable  and  necessary  expenses  while  in  the  dis- 
charge of  their  official  duties  and  shall  serve  until  the  ap- 
pointment and  organization  of  the  boards  of  trustees,  here- 
inafter provided. 

Section  3.  As  soon  thereafter  as  the  General  Assem- 
bly shall  appropriate  a  sufficient  amount  of  money  for  -the 
purchase  of  said  sites  and  the  erection  of  suitable  buildings 
thereon,  the  Governor  shall  appoint  by  and  with  the  advice 
and  consent  of  the  Senate  five  competent  persons  who  shall 
constitute  a -Board  of  Trustees  for  the  proposed  Normal 
School  in  the  Northeastern  portion  of  Ohio  and  five  other 
competent  persons  who  shall  constitute  a  Board  of  Trus- 
tees for  the  proposed  Normal  School  in  the  Northwestern 
portion  of  Ohio. 

Section  4.  Each  board  of  trustees  shall  organize  im- 
mediately after  its  appointment  by  the  election  from  its 
members  of  a  president,  a  secretary  and  a  treasurer.  The 
treasurer,  before  entering  upon  the  discharge  of  his  duties 
shall  give  bond  to  the  State  of  Ohio  for  the  faithful  per- 
formance of  his  duties,  and  the  proper  accountiig  for  all 
moneys  coming  into  his  care.     The  amount  of  said  bond 


NORMAL    SCHOOLS.  159' 

shall  be  determined  by  the  trustees,  but  shall  not  be  for 
a  less  sum  than  the  estimated  amount  which  may  come  into 
his  control  at  any  one  time.  Said  bond  shall  be  approved 
by  the  Attorney  General. 

Before  adopting  plans  for  the  buildings  of  said  Nor- 
mal Schools  each  board  shall  elect  a  president  of  known 
ability  for  the  school  under  its  control,  who  shall  have 
advisory  power  in  determining  said  plans.  In  planning  said 
buildings,  ample -provisions  shall  be  made  for  the  establish- 
ment of  a  well  equipped  department  for  the  preparation  of 
teachers  in  the  subject  of  agriculture. 

The  boards  of  trustees  in  connection  with  the  presi- 
dents of  the  Normal  Schools  shall  select  and  appoint  an 
able  and  efficient  corps  of  instructors  for  the  said  schools, 
provide  a  suitable  course  of  study  for  the  theoretical  and 
practical  training  of  students  who  desire  to  prepare  them- 
selves for  the  work  of  teaching,  fix  rates  of  tuition  and  pro- 
vide proper  equipment. 

Said  boards  shall  proceed  without  unnecessary  delay 
to  purchase  said  selected  sites,  lands  and  buildings,  as  the 
case  may  be,  and  erect  thereon  suitable  and  substantial 
buildings  or  enlarge,  reconstruct  and  properly  repair  in  a 
suitable  and  substantial  n^nner  such  building  or  buildings, 
if  any  there  be,  and  complete  said  buildi'ngs  as  soon  as  con- 
ditions will  permit.  And  <laid  board  of  trustees  shall  do 
any  and  all  things  necessary  for  the  proper  maintenance 
and  successful  and  continuous  operation  of  said  Normal 
Schools  and  may  receive  donations  of  lands  and  moneys 
for  the  purposes  of  said  Normal  Schools. 

The  Governor  when  appointing  said  board  of  trustees 
shall  designate  one  member  of  each  board  to  serve  one  year, 
one  to  serve  two  years,  and  one  to  serve  three  years,  one 
to  serve  four  years  and  one  to  serve  five  years  and  there- 
after one  trustee  for  each  board  shall  be  appointed  annually 
for  five  years  for  the  control  and  management  of  said  Nor- 
mal Schools.  They  shall  serve  without  compensation  other 
than  their  reasonable  and  necessary  expenses  while  engaged 
in  the  discharge  of  their  official  duties.  Not  more  than 
three  members  of  each  board  shall  be  selected  from  any 
one  political  party. 

Section  5.  The  Governor  shall  have  power  to  re- 
move for  just  cause  any  appointees  herein  named,  when,  in 
his  judgment,  he  deems  it  necessary,  and  shall  fill  all  vacan- 
cies that  may  occur. 

Section  6.  The  said  Normal  Schools  shall  be  sup- 
ported by  such  sums  and  in  such  manner  as  the  General 
Assembly  may  from  time  to  time  provide. 

GRANVILLE  W.  MOONEY, 

Speaker  of  the  House  of  Representatives. 

FRANCIS  W.  TREADWAY, 

President  of  the  Senate. 

Passed  May  10,  19 10. 

Approved  May  19,  1910. 

TUDSON  HARMON,  Governor. 


CHAPTER  11, 


COLLEGES  AND  UNIVERSITIES. 


MUNICIPAL    UNIVERSITIES,    ETC. 


Section 


7902. 
7903. 

7904. 
7905. 
7906. 

7907. 
7908. 
7909. 
7910. 
7911. 
7912. 
7913. 
7914. 
7915. 

7916. 
7917. 
791 S. 

7919. 
7920. 

7921. 


r922. 


Powers  of  board  of  directors. 

City  solicitor  to   act  as  attorney. 

When  board  may  confer  degrees. 

University  defined. 

Council    may   provide   site   for   municipal 

university. 
How   such  grant  changed. 
Tax  levied. 

When  levy  to  be  made. 
Municipal    university. 
Issue  of  bonds. 
Disposal  of  bonds. 

Power  and  control  vested  in  directors. 
Duties  of  trustees  of  sinking  fund. 
Board  of  directors  of  educational  institu 

tion  may  accept  educational  trusts. 
How  trust  funds  to  be  applied. 
Trusteeship  to  vest   in  city,   etc. 
Account  of  receipts  and  expenditures  of 

endowment  fund. 
How  funds  invested. 
Citizens  not  to  be  charged  for  admission 

of  children. 
Board   of  education  to   have  control   and 

management  of  property  held  in  trust 

for   educational   purposes. 
Tax  levy. 


STATE    UNIVERSITIES    GENERALLY. 

7923.  Declaration    of    policy    of    state    with    re- 

spect  to    Ohio    state    university,    Ohio 
university^  and  Miami  university. 

7924.  Tax  levy   for    support   of   Miami   univer- 

sity. 

7925.  Tax    levy    for    support    of    Ohio    univer- 

sity. 

7926.  Tax  levy  for  support  of  normal  school  at 

Ohio  university. 

7927.  Tax   levy   for    support   of   normal    school 

of  Miami  university. 

7928.  How  such  money  shall  not  be  expended. 

7929.  Tax  levy  for  support  of  Ohio  state  uni- 

versity. 

7930.  Tuition; 

7931.  Inspection   of  accounts. 

OHIO   UNIVERSITY. 

7932.  Providing  for  sale  of  university  lands. 

7933.  Owner  to  receive  deed;    form  of. 

7934.  Validity  of  such  deed. 

7935.  Registry  of  deed,  etc.,  to  be  kept. 

7936.  Proceeds  to  be  deposited   in   state  treas- 

ury, and  become  irreducible  trust  fund. 

7937.  Levy    and    collection    of    state    tax    upon 

lands   donated   to    Ohio   university, 

7938.  Tax  in  lieu  of  rents;    tax  collected  from 

railroad  companies. 

7939.  Appointment  of  trustees. 

7940.  Annual   report. 


Section 

7941.     Duty  of  standing  committee  on  colleges 
and   universities. 


OHIO  STATE  UNIVERSITY. 

7942.  Appointment  of  trustees;    term,  compen- 
sation, etc. 

7{)43.  Style  and  power  of  trustees. 

7944.  Officers  of  the  board. 

7945.  Treasurer. 

7946.  Meetings    of    board. 

7947.  Annual  report  of  trustees. 

7948.  Board  may  make  rules  and  regulations. 

7949.  Election    of    president,    professors,    etc., 

and  course  of  instruction. 
7951.    Property,  expenses,  etc. 

7951.  Board   may  receive  devises  of  land,  etc. 

7952.  Title  of  lands  to  be  vested  in  the  state, 

etc. 

7953.  Attorney-general    to   be   legal    adviser   of 

the  board. 

7954.  Who   admitted  as   pupils,  lectures. 

7955.  Branches  prescribed. 

7956.  Duties  of  board  as  to  cereals,  etc. 

7957.  Collecti^s  of  specimens  of  geology,  etc. 

7958.  Department  of  ceramics. 

7959.  Special    instruction    therein. 

7960.  Laboratory. 

7961.  Expert. 

7962.  Establishment  of  a  school  of  mines. 

7963.  Employment  and  duties  of  instructors. 

7964.  Written   analysis   of   fertilizers. 

7965.  State    sealer    and    standards    of    weights 

and  measures. 

7966.  Copies  of  standards  for  use  of  counties. 

7967.  Device  on  county  standards. 

7968.  Like  copies  to  be  furnished  to  cities  and 

villages. 

7969.  Expenses.   ' 

7970.  Inspection  of  gas  and  meters. 

7971.  Funds  from  sale  of  land  scrip. 

7972.  Investment   of   interest   of   "scrip   fund." 

7973.  County  schools. 

7974.  Instruction  by  mail. 

WILFERFORCE  UNIVERSITY. 

7975.  Normal   and   industrial   department. 

7976.  Board   of   trustees. 

7977.  Choosing  of  trustees  by  university  board. 

7978.  Vacancies. 

7979.  Names    of    trustees    to    be    certified    to 

governor. 

7980.  Meetings  of  trustees;    their  expenses. 

7981.  Powers  and   duties  of  trustees. 

7982.  Non-sectarian  character  of  department. 
'983.     Bond  of  treasurer. 

1984.    Anual   report,   and   estimate   of  appropri- 
ations. 

7985.  Designation    of    nupils    by    members    of 

general  assembly. 

7986.  Appropriations;     application   of   revenues. 


MUNICIPAL   UNIVERSITIES.    ETC. 


Powers    of 
board   of 
directors. 


Section  7902.  As  to  all  matters  not  herein  or  other- 
wise provided  by  law,  the  board  of  directors  of  a  municipal 
university,  college  or  institution,  shall  have  all  the  author- 
ity, power  and  control  vested  in  or  belonging  to  such 
municipal  corporation   as  to  the  management  and   control 

ICO 


COLLEGES    AND     UNIVERSITIES. 


l6l 


of  the  estate,  property  and  funds,  given,  transferred, 
covenanted,  or  pledged  to  such  corporation  for  the  trusts 
and  purposes  relating  thereto,  and  the  government,  con- 
duct and  control  of  such  university,  college  or  institution. 
It  may  appoint  a  clerk  and  all  agents  proper  and  necessary 
for  the  care  and  administration  of  the  trust  property,,  and 
the  collection  of  the  income,  rents,  and  profits  thereof;  ap- 
point the  president,  professors,  tutors,  instructors,  agents 
and  servants  necessary  and  proper  for  such  university, 
college  or  institution,  and  fix  their  compensation;  provide 
all  the  necessary  buildings,  books,  apparatus,  means  and 
appliances,  and  pass  such  by-laws,  rules  and  regulations 
concerning  the  president,  professors,  tutors,  instructors, 
agents,  and  servants,  and  the  admission,  government  and 
tuition  of  students,  as  it  cleems  wise  and  proper,  and  by 
suitable  by-laws,  delegate  and  commit  the  admission,  gov- 
ernment, management  and  control  of  the  students,  courses 
of  studies,  discipline  and  other  internal  affairs  of  such  uni- 
versity, college  or  institution,  to  a  faculty  which  the  board 
appoints  from  among  the  professors.     (R.  S.   Sec.  4099.) 

Section  7903.  When  requested  so  to  do  by  resolution 
of  such  board,  the  solicitor  of  such  municipal  corporation 
shall  prosecute  and  defend,  as  the  case  may  be,  for  and  in 
behalf  of  the  corporation,  all  complaints,  suits  and  con- 
troversies in  which  the  corporation  or  such  board  is  a  party, 
and  which  relate  to  any  property,  funds,  trusts,  rights, 
claims,  estate  or  affairs  under  the  control  or  direction  of  the 
board,  or  which,  in  any  manner,  relate  to  the  conduct  or 
government  of  such  university,  college  or  institution.  (R. 
S.  Sec.  4099.) 

Section  7904.  The  board  of  directors  of  such  uni- 
versity, college  or  institution,  upon  the  recommendation  of 
the  faculty  thereof,  may  confer  such  degrees  and  honors 
as  are  customary  in  universities  and  colleges  in  the  United 
States,  and  such  others  as  with  reference  to  the  course  of 
studies  and  attainments  of  the  graduates  in  special  depart- 
ments it  deems  proper.     (R.  S.  Sec.  4102.) 

Section  7905.  A  university  supported  in  whole  or  in 
part  by  municipal  taxation,  is  defined  as  an  assemblage  of 
colleges  united,  under  one  organization  or  management, 
affording  instruction  in  the  arts,  sciences  and  the  learned 
professions,  and  conferring  degrees.     (R.  S.  Sec.  4102.) 

Section  7906.  The  council  of  any  such  -municipal 
corporation  may  set  apart,  or  appropriate  as  a  site  for  the 
buildings  and  grounds  of  such  a  university,  college  or  insti- 
tution, public  grounds  of  the  city  not  especially  appropri- 
ated or  dedicated  by  ordinance  to  any  other  use,  any  other 
law  to  the  contrary  notwithstanding;  and  the  board  of 
education  of  such  a  municipal  corporation  also,  for  a  like 
purpose  may  set  apart,  convey  or  lease  for  a  term  of  years, 
any  grounds  or  building  owned  or  controlled  by  such  board. 
(R,  S.  Sec.  4103.) 
11     s.  L. 


City    solicitor 
to    act    as 
attorney. 


When    board 
may    confer 
degrees. 


University 
defined. 


Council    may 
provide    site 
for    municipal 
university. 


l62  .  COLLEGES     AND     UNIVERSITIES. 

Hou'  such  Section     7907.     Any    grant    for    the    use    of    such 

changed.  grounds,  or  buildings  heretofore  or  hereafter  made  by  any 

council  or  board  of  education,  -may  be  modified,  changed 
or  extended  as  to  the  time  when  it  shall  take  effect  and  be 
in  force,  or  otherwise,  by  agreement  between  such  council, 
or  board  of  education,  and  the  board  of  directors  of  such 
university,  college  or  institution.  Such  council  shall  be 
taken  and  held  to  be  the  representative  of  such  municipal 
corporation  vested  with  the  title,  right  of  possession  and 
entire  control  of  such  property  for  the  purposes  of  a  new 
grant.      (R.  S.  Sec.  4103.) 

Tax  levied.  "SECTION  7908.     The  couucil  annually  may  assess  and 

levy  taxes  on  all  the  taxable  property  of  such  municipal 
corporation  to  the  amount  of  five-tenths  of  one  mill  on  the 
dollar  valuation  thereof,  to  be  applied  by  such  board  to  the 
support  of  such  university,  college  or  institution,  and  also 
levy  and  assess  annually  five  one-hundredths  of  one  mill 
on  the  dollar  valuation  thereof,  for  the  establishment  and 
maintenance  of  an  astronomical  observatory,  or  for  other 
.  .  scientific  purposes,  to  be  determined  by  the  board  of  direct- 
ors and  to  be  used  in  connection  with  such  university,  col- 
lege or  institution,  the  proceeds  of  which  shall  be  applied 
by  the  board  of  directors  for  such  purposes  exclusively.  But 
such  taxes  shall  only  be  levied  and  assessed  when  the  chief 
work  of  such  university,  college  or  institution  is  the  main- 
tenance of  courses  of  instruction,  in  advance  of,  or  supple- 
mentary to,  the  instruction  authorized  to  be  maintained  in 
high  schools  by  boards  of  education.     (R.  S.  Sec.  4104.) 

When  levy  SECTION  7909.     Such  Icvics  shall  be  made  by  the  coun- 

to  be  made.  ^.j]  ^t- the  time,  and  in  like  manner  as  other  levies  for  other 
municipal  purposes,  and  must  be  certified  by  it  and  placed 
upon  the  tax  duplicate  as  other  municipal  levies.  The  funds 
of  any  such  university,  college  or  institution  shall  be  paid 
out  by  the  treasurer  upon  the  order  of  the  board  of  direct- 
ors and  the  warrant  of  the  auditor.     (R.  S.  Sec.  4104.) 

Section  7910.  Any  municipal  corporation  having  a 
university  supported  in  whole  or  part  by  municipal  taxation, 
may  issue  bonds  for  the  erection  of  additional  buildings 
or  the  completion  of  buildings  not  completed,  for  such 
municipal  university,  and  for  the  equipment  thereof.  (99 
V.   133   §    I.) 

is<=ue  of  Section    7911.     Such    bonds    may    be    issued    under 

hovA?.  ordinance  of  the  council  of  such  municipality  with  the  ap- 

proval of  the  mayor,  but  only  upon  the  receipt  of  a  certified 
resolution  from  the  board  of  directors  of  such  university 
of  the  necessity  of  such  issue.  The  resolution  and  ordi- 
nance must  specify  the  amount  of  the  issue,  the  denomin- 
ation of  bonds,  their  rate  of  interest,  their  dates,  and  the 
times  of  their  maturity.     (99  v.  133  §  2.) 

Disposal  of  Section  7912.     The  bonds  so  issued  shall  be  sold  ac- 

bonds.  cording  to  the  provisions  of  law  for  the  sale  of  municipal 


Municipal    uni- 
versity 


COLLEGES    AND     UNIVERSITIES. 


163; 


bonds,  and  the  proceeds  thereof,  excepting  the  premiums 
and  accrued  interest,  shall  be  placed  in  the  treasury  of  such 
municipality  and  be  used  only  for  the  purpose  of  erecting 
or  completing  and  equipping  such  additional  buildings  as 
may  have  been  specified  in  the  resolution  and  ordinance 
calling  for  their  issue.     (99  v.   133  §  3.) 

Section  7913.  In  the  use  of  such  fund  for  such  pur- 
pose, all  power  and  control  shall  be  vested  in  the  board  of 
directors  of  the  municipal  university.  Such  board  shall 
make  any  contracts  necessary  for  the  erection  or  completion 
of  the  buildings  specified,  and  the  equipment  thereof ; 
supervise  their  erection,  completion  and  equipment,  and 
issue  proper  vouchers  for  the  payment  out  of  such  fund  of 
moneys  due  under  such  contracts,  and  for  any  other  ex- 
penses connected  with  the  erection,  completion,  and  equip- 
ment of  such  buildings.  The  amount  of  premium  and  ac- 
crued interest  arising  from  the  sale  of  the  bonds  shall  be 
paid  into  the  sinking  fund.     (99  v.  133  §  3.) 

Section  7914.  The  trustees  of  the  sinking  fund  of 
any  municipality  issuing  bonds  under  the  above  authority, 
annually  shall  levy  a  tax  sufficient  to  pay  the  interest,  and 
to  provide  a  sinking  fund  for  the  final  redemption  of  the 
bonds  at  maturity.     (99  v.  134  §  4.) 

Section  7915.  The  board  of  directors  of  a  university, 
college  or  other  educational  institution  of  any  municipal 
corporation,  in  the  name  and  on  behalf  of  such  corporation, 
may  accept  and  take  any  property  or  funds  heretofore  or 
hereafter  given  to  such  corporation  for  the  purpose  of 
founding,  maintaining  or  aiding  a  university,  college  or 
institution  for  the  promotion  of  education,  and  upon  such 
terms,  conditions  and  trusts  consistent  with  law  as  such 
board  deems  expedient  and  proper  for  that  end.  (R.  S. 
Sec.  4095.) 

Section  7916.  For  the  further  endowment,  mainte- 
nance and  aid  of  any  such  university,  college  or  institution 
heretofore  or  hereafter  founded,  the  board  of  directors 
thereof,  in  the  name  and  in  behalf  of  such  municipal  cor- 
poration may  accept  and  take  as  trustee  and  in  trust  for 
the  purposes  aforesaid  any  estate,  property  or  funds  which 
may  have  been  or  may  be  lawfully  transferred  to  the  mu- 
nicipal corporation  for  such  use  by  any  person,  persons  or 
body  corporate  having  them,  or  any  annuity  or  endowment 
in  the  nature  of  income  which  may  be  covenanted  or 
pledged  to  the  municipal  corporation,  towards  such  use  by 
•any  person,  persons  or  body  corporate.  Any  person,  per- 
sons or  body  corporate  having  and  holding  any  estate, 
property  or  funds  in  trust  or  applicable  for  the  promotion 
of  education,  or  the  advancement  of  any  of  the  arts  or 
sciences,  may  convey,  assign  and  deliver  these  to  such  mu- 
nicipal corporation  as  trustee  in  his,  their  or  its  place,  or 
covenant  or  pledge  its  income  or  any  part  thereof  to  it. 
Such  estate,  property,   funds  or  income  shall  be  held  and 


Power    and 
control    vestedi 
in    directors. 


Duties   of 
trustees   of 
sinking    fundi. 


Board    of    di-- 

rectors   of 

educational 

institution 

may  accept   ed- 

ucalional 

trusts. 


How    trust 
funds   to 
be   applied... 


164 


COLLEGES    AND     UNIVERSITIES. 


Trusteeship  to 
vest    in    city, 
etc. 


Account  of 
receipts   and 
expenditures 
of   endow- 
ment   fund. 


How  funds 
invested. 


applied  by  such  municipal  corporation  in  trust  for  the 
further  endowment,  maintenance  and  aid  of  such  univer- 
sity, college  or  institution,  in  accordance  nevertheless  with 
the  terms  and  true  intent  of  any  trust  or  condition  upon 
which  they  originally  were  given  or  held.  (R.  S.  Sec. 
4096.) 

Section  7917.  Upon  such  transfer  and  the  accept- 
ance thereof  the  municipal  corporation  and  its  successors, 
as  trustees  shall  become  and  be  perpetually  obligated  and 
held  to  observe  and  execute  such  trust  in  all  respects  ac- 
cording to  any  other  or  further  .terms  or  conditions  law- 
fully agreed  upon  at  the  time  of  such  transfer  and  accept- 
ance. Any  court  having  jurisdiction  of  the  appointment  of 
trustees  of  such  trust  for  educational  purposes,  in  a  pro- 
ceeding therefor,  duly  instituted  and  had,  may,  with  the 
consent  of  its  council,  appoint  and  constitute  such  munici- 
pal corporation,  trustee  of  the  estate,  property  and  funds 
so  transferred  to  it,  and  dispense  with  bond  and  surety 
upon  the  part  of  the  municipality  for  the  performance  of 
such  trust,  unless  that  is  required  by  the  original  terms  or 
conditions  thereof,  and  upon  the  due  transfer  and  accept- 
ance of  such  'trust  shall  release  and  fully  discharge  the 
trustees  so  transferring  it.  Any  acceptance  or  acceptances 
by  such  municipal  corporation  of  any  or  all  property,  funds, 
rights,  trust  estate  or  trusts  heretofore  given,  granted,  as- 
signed, or  otherwise  conveyed  or  transferred  to  or  bestowed 
upon  such  a  municipal  corporation  or  to  or  upon  such  a 
university,  college  or  institution  in  good  faith,  and  which 
are  still  held  and  retained  by  such  municipality  or  such  a 
tmiversity,  college  or  institution,  shall  be  held  and  deemed 
to  be  valid  and  binding  as  to  all  parties.     (R.  S.  Sec.  4097.) 

Section  7918.  The  accounts  of  such  trust  estate, 
property  and  funds,  and  of  the  income  and  expenditure 
thereof,  shall  be  kept  by  the  auditor  of  such  municipal 
corporation  entirely  distinct  from  all  other  accounts  or  af- 
fairs of  the  municipality  and  the  moneys  must  be  kept  by 
the  treasurer  of  the  municipal  corporation  distinct  from 
other  moneys.  Such  board  of  directors,  at  all  times,  must 
confine  their  disbursements  for  current  expenses  within 
the  income  of  the  trust,  estate,  property  and  funds,  and 
annually  shall  report  to  the  mayor  and  council  of  such 
municipality  a  full  statement  of  the  accounts  of  adminis- 
tration of  such  trust  and  other  funds.     (R.  S.  Sec.  4101.) 

Section  7919.  Such  board  may  invest  any  part  of 
the  funds  belonging  to,  or  set  apart  for  the  use  of  such 
university,  college  or  institution,  or  to  any  department 
thereof,  as  it,  from  time  to  time  deems  proper,  in  bonds  of 
the  United  States  or  of  the  state  of  Ohio,  or  of  any  munici- 
pay  corporation  In  this  state,  or  any  county  or  school  district 
herein,  or  in  any  other  bonds  or  first  mortgage  scurities 
approved  by  it;  and  may  use  any  funds  under  its  control 
for  the  improvement  of  real  estate  belonging  to,  or  set  ap^rt 


COLLEGES    AND    UNIVERSITIES. 


i6s 


for  the  use  of,  such  university,  college  or  institution.     (R. 
S.  Sec.  4101.) 

Section  7920.  Citizens  of  such  municipality  shall  not 
be  charged  for  instruction  in  the  academic  department,  ex- 
cept in  professional  courses  therein.  Such  board  of  direct- 
ors may  charge  fees  to  students  in  other  departments  and 
to  students  in  professional  courses  in  the  academic  depart- 
ment, and  from  time  to  time  may  make  such  university, 
college  or  institution  free  in  any  or  all  of  its  departments 
to  citizens  of  the  county  in  which  it  is  located.  The  board 
of  directors  may  receive  other  students  on  such  terms  as 
to  tuition  or  otherwise  as  they  see  fit.     (R.  S.  Sec.  4100.) 

Section  7921.  The  custody,  management  and  admin- 
istration of  any  and  all  estates  or  funds,  given  or  trans- 
ferred in  trust  to  any  municipality  for  the  promotion  of 
education,  and  accepted  by  the  council  thereof,  and  any  in- 
stitution for  the  promotion  of  education  heretofore  or  here- 
after so  founded  other  than  a  university  as  defined  in  this 
chapter,  shall  be  committed  to,  and  exercised  by,  the  board' 
of  education  of  the  school  district  including  such  munici- 
pality. Such  board  of  education  shall  be  held  the  repre- 
sentative and  trustee  of  such  municipality  in  the  manage- 
ment and  control  of  such  estates  and  funds  so  held  in  trust 
and  in  the  administration  of  such  institution,  excepting 
always  funds  and  estates  held  by  any  municipality  which 
are  used  to  maintain  a  university  as  heretofore  defined. 
(R.  S.  Sec.  4105.) 

Section  7922.  For  the  uses  and  purposes  of  such 
board  of  education  in  administering  such  trusts,  the  council 
of  such  municipality  annually  may  levy  taxes  on  all  the 
taxable  property  of  such  municipal  corporation  to  the 
amount  of  three-tenths  of  one  mill  on  the  dollar  valuation 
thereof.     (R.  S.  Sec.  4105.) 


Citizens    not 
to  be  charged 
for    admission 
of    children. 


Board  of  edu- 
cation to  have 
control    and 
management    of 
property    held 
in   trust   for 
educational 
purposes. 


Tax   levy 


STATE    UNIVERSITIES   GENERALLY. 

Section  7923.  Inasmuch  as  it  is  deemed  desirable  for 
this  state  to  determine  its  policy  in  regard  to  the  support 
of  institutions  of  higher  learning,  and  further  desirable  that 
it  adopt  a  distinct  and  fixed  policy  in  regard  to  universities 
and  colleges  for  all  time  to  come  so  that  the  policy  of  the 
state  with  reference  to  the  Ohio  State  university,  the  Miami 
uni^rsity  and  the  Ohio  university  shall  be  determined  and 
made  definite  and  to  the  end  that  the  state  may  build  up  one 
university  worthy  of  it,  as  now  begun  at  the  Ohio  State 
university,  and  also  to  fix  such  a  policy  as  will  provide 
support  for  the  Miami  and  Ohio  universities  as  colleges  of 
liberal  arts,  but  not  to  include  technical  or  graduate  instruc- 
tion, aside  from  the  usual  graduate  work  for  the  degree  of 
master  of  arts,  and  to  determine  definitely  for  all  time  that 
the  Miami  university  and  the  Ohio  university  shall  be  no 
greater  charge  on  the  state  so  far  as  university  purposes 


Declaration    of 
policy  of    state 
with    respect 
to    Ohio    state 
university, 
Ohio    univer- 
sity and 
Miami  uni- 
versity. 


COLLIiGES     AND     UNIVERSITIES. 


Tax   levy   for 
support  of 
Miami  univer- 
sity. 


Tax  levy   for 
support    of 
Ohio    univer- 
sity. 


Tax    levy    for 
support    of 
normal    school 
at    Ohio    uni- 
versity. 


are  concerned  than  herein  provided  for;  therefore  this  sub- 
division of  this  chapter  is  passed  to  set  forth  the  policy,  to- 
with :  That  in  the  future  no  representative  of  the  Miami 
university  or  of  the  Ohio  university  or  of  the  Ohio  State 
university  shall  violate  or  attempt  to  violate  this  policy 
herein  encated  into  law  as  a  policy  for  the  support  of 
higher  education  and  as  a  guide  for  future  general  assem- 
bHes  oi  the  state  of  Ohio.     (98  v.  309  §1.) 

Section  7924.  For  the  purpose  of  affording  support 
to  the  Miami  university,  there  shall  be  levied  annually  a 
tax  on  the  grand  list  of  the  taxable  property  of  the  state, 
which  tax  shall  be  collected  in  the  same  manner  as  other 
state  taxes  and  the  proceeds  of  which  shall  constitute  ''the 
Miami  university  fund."  The  rate  of  such  levy  shall  be 
two  and  one-half  one-hundredths  of  one  mill  upon  each 
dollar  of  valuation  of  such  property.  The  sum  raised  by 
such  levy,  or  its  equivalent  in  money  in  case  the  levy  is 
abolished,  shall  be  the  sum  total  received  either  from  the 
proceeds  of  the  levy  or  from  appropriations  for  the  support 
of  the  college  of  liberal  arts,  and  shall  be  used  only  for  the 
purposes  set  forth  in  the  next  preceding  section.  This  levy 
shall  not  hereafter  be  increased.  But  this  shall  not  prevent 
such  appropriations  from  time  to  time  as  may  be  necessary 
for  apparatus  for  university  purposes,  exclusive  of  build- 
ings.     (98  V.  310  §  2.) 

Section  7925.  For  the  purpose  of  affording  support 
to  the  Ohio  university,  there  shall  be  levied  annually  a  tax 
on  the  grand  list  of  the  taxable  property  of  the  state  which 
shall  be  collected  in  the  same  manner  as  other  state  taxes 
and  the  proceeds  of  which  shall  constitute  "the  Ohio  uni- 
versity fund."  The  rate  of  such  levy  shall  be  two  and  one- 
half  one-huridredths  of  one  mill  upon  each  dollar  of  valua- 
tion of  such  taxable  property.  The  sum  raised  by  means 
of  such  levy,  or  its  equivalent  in  money,  in  case  the  levy 
is  abolisherl,  shall  be  the  sum  total  received  either  from  the 
proceeds  of  the  levy  or  from  appropriations  for  the  support 
of  the  college  of  liberal  arts,  and  shall  be  used  only  for  the 
purposes  set  forth  in  section  seventy-nine  hundred  and 
twenty-three.  This  levy  shall  not  hereafter  be  increased. 
But  this  shall  not  prevent  such  appropriations  from  time  to 
time  as  may  be  necessary  for  apparatus  for  university  pur- 
poses, exclusive  of  buildings.     (98  v.  310  §  3.) 

Section  7026.  For  the  purpose  of  affording  support 
to  the  state  normal  school  or  college,  in  connection  with  the 
Ohio  university,  there  shall  be  levied  annually  a  tax  on  the 
grand  list  of  the  taxable  property  of  the  state,  which  shall 
be  collected  in  the  same  manner  as  other  state  taxes  and 
the  proceeds  of  which  shall  constitute  ''the  Ohio  normal 
school  fund."  The  rate  of  such  levy  shall  be  one  and  one- 
half  one-hundredths  of  one  mill  upon  each  dollar  of  valua- 
tion of  such  taxable  property,  unless  otherwise  designated 
by  the  general  assembly.     Nothing  in  this  section  shall  pre- 


COLLEGES    AND    UNIVERSITIES. 


167 


vent  such  normal  school  from  securing  such  additional  ap- 
propriations as  the  general  assembly  sees  fit  to  make  from 
time  to  time  for  the  support  and  equipment  of  the  school. 
(98  V.  310  §  4.) 

Section  7927.     For  the  purpose  of  affording  support   Tax  levy  for 
to  the  state  normal  school  or  college,  in  connection  with  the    support  of 
Miami  university,  there  shall  be  levied  annually  a  tax  on  the   J^I^Mfamr '°° 
grand  list  of  the  taxable  property  of  the  state,  which  shall   ""'^^^^'^y- 
be  collected  in  the  same  manner  as  other  state  taxes  and 
the  proceeds  of  which  shall  constitute  "the  Miami  normal 
school   fund."     The   rate  of   sucl]   levy  shall   be  one   one- 
hundredths  of  one  mill  upon  each  dollar  of  valuation  of 
such  taxable  property,  unless  otherwise  designated  by  the 
general   assembly.     Nothing  in   this   section   shall   prevent 
such  normal  school  from  securing  such  additional  appro- 
priations as  the  general  assembly  sees  fit  to  make  from  time 
to  time  for  the  support  and  equipment  of  the  school.     (98 

y-  311  §  5.) 


Section  7928.     No  moneys  derived  under  the  levies 


How   such 


Tax  levy  f 
support  of 
Ohio  state 
university 


provided  for  in  this  subdivision  of  this  chapter  shall  be  ex-    ^"^tJe^e^" 
pended  by  the  Miami  university  or  by  the  Ohio  university    pended. 
for  maintaining  or  giving  instructions   in  any  courses   of 
study  other  than   in   liberal  arts   in   the  normal   school   or 
college  branches.     (98  v.  311  §  6.) 

Section  7929.  For  the  purpose  of  affording  free  the 
advantages  to  the  youth  of  the  state  of  a  higher,  technical, 
liberal,  professional,  agricultural,  graduate  and  industrial 
education,  including  manual  training,  there  shall  be  levied 
annually  a  tax  on  the  grand  list  of  the  taxable  property  of 
the  state,  which  shall  be  collected  in  the  same  manner  as 
other  state  taxes  and  the  proceeds  of  which  shall  consti- 
tute, *'the  Ohio  State  university  fund."  There  shall  be 
levied  annally  for  that  purpose  sixteen  one-hundredth s  of 
one  mill  upon  each  dollar  of  valuation  of  such  taxable  prop- 
erty, or  its  equivalent  in  money  should  such  levy  be 
abolished.  Nothing  herein  shall  prevent  the  Ohio  State 
university  from  securing  any  appropriations  that  the  gen- 
eral assembly  sees  fit  to  grant  for  the  purposes  herein  set 
forth.  The  Ohio  State  university  never  shall  maintain  a 
normal  school,  but  may  establish  a  teacher's  college  or  pro- 
fessional grade.  Nothing  in  this  section  shall  prevent  the 
board  of  trustees  from  charging  incidental  expense  fees 
and  also  reasonable  tuition  fees  for  professional  education. 
(98  V.  311  §  7.) 

Section  7030.  No  provision  of  this  sub-division  of 
this  chapter  shall  prevent  the  boards  of  trustees  of  the  Ohio 
State  university,  the  Miami  university,  the  Ohio  university 
or  the  State  Normal  school  at  the  Ohio  university  or  at  the 
Miami  university  from  charging  reasonable  tuition  for  the 
attendance  of  pupils  of  either  of  such  institutions  from 
students  who  are  non-residents  of  the  state  of  Ohio.  (98 
V.  312  §  8.) 


Tuition. 


i68 


COLLEGES    AND    UNIVERSITIES. 


Inspection 
of    accounts. 


Section  7931.  The  expenditure  of  all  moneys  under 
the  provisions  of  this  sub-division  of  this  chapter  or  for  the 
purposes  of  carrying  them  out,  raised  or  secured  from  any 
source  whatsoever,  shall  be  subject  to  the  inspection  of  the 
state  bureau  of  public  accounting,  the  cost  thereof  to  be 
paid  by  the  university  or  college  inspected  at  the  cost  as 
provided  by  law.     (98  v  312  §  9.) 


Providing    for 
sale    of    uni- 
versity lands. 


Owner   to    re- 
ceive deed; 
form    of. 


\'alidity   of 
such    deed. 


Registry    of 
deed,    etc., 
to  be  kept. 


Proceeds  to 
be  deposited 
in  state  treas- 
ury, and  be- 
come irre- 
ducible trust 
fund. 


OHIO    UNIVERSITY. 

Section  7932.  The  owners  of  lands  or  town  lots  held 
under  leases  from  the  president  and  trustees  of  the  Ohio 
university,  or  held  under  sale-leases  or  assignments  by  or 
under  the  original  lessees,  may  pay  to  the  treasurer  of  the 
university,  such  sum  of  money,  as,  placed  at  interest  at  six 
per  cent,  will  yield  the  amount  of  rent  reserved  in  the  origi- 
nal lease,  or  in  case  of  a  division  of  the  original  tract  or 
pajrcel  leased,  will  equal  the  proper  aHquot  part  thereof, 
or  the  part  agreed  upon  by  the  several  owners.  But  a  per- 
son so  surrendering  and  releasing  to  such  corporation  must 
pay  the  necessary  expenses  incident  to  such  change  of 
tenure,  and  procure  the  services  of  an  agent  to  perform  the 
necessary  labor  thereof.  Upon  payment  of  such  sum  and 
of  all  rents  due  upon  the  land;  on  demand  of  such  owner, 
the  treasurer  shall  give  him  a  certificate  of  such  payment. 
(80  V.  193  §  I.) 

Section  7933.  Upon  such  payment,  such  owner  shall 
be  entitled  to  receive  a  deed  of  conveyance  for  such  land 
by  him  owned,  to  be  signed  by  the  president  of  such  cor- 
poration, countersigned  by  its  secretary,  and  sealed  with 
the  corporate  seal  of  the  university,  conveying  the  premises 
in  fee  simple  to  him,  or  such  owner  at  his  option,  may 
demand  and  receive  a  certificate  as  aforesaid.  The  gov- 
ernor of  Ohio,  upon  presentation  thereof,  shall  execute  and 
deliver  to  such  owner,  a  deed  conveying  the  premises  in 
fee  simple  to  him.     (80  v.   194  §  2.) 

Section  7934.  Either  of  such  deeds,  so  made,  shall 
have  the  eflfect  in  law  and  in  fact  to  vest  in  the  grantee  an 
absolute  estate  in  fee  simple  in  the  premises,  subject,  how- 
ever, to  all  liens,  equities,  or  rights  of  third  persons  in,  to 
or  upon  the  premises.     (80  v.   194  §  3.) 

Section  7935.  Such  secretary  shall  keep  an  accu- 
rate registry  of  all  such  payments,  certificates  and  deeds, 
with  an  accurate  description  of  the  tract  or  lot  of  land  so 
paid  for  or  deeded.  Thereafter,  the  land  so  deeded  shall 
be  subject  to  taxation  in  like  manner  as  other  freehold 
estates  in  such  county.  The  original  leases  therefor,  in  so 
far  as  regards  the  land  so  deeded,  shall  cease  to  have  force 
or  effect.     (80  v.  194  §  4.)  '^ 

Section  7936.  The  treasurer  of  the  Ohio  university, 
on  or  before  the  first  day  of  January,  next,  after  such  re- 
ceipt of  money,  must  deposit  it  in  the  state  treasury  upon 
the  certificate  of  the  state  auditor.    The  sums  so  deposited 


COLLEGES    AND    UNIVERSITIES. 


169 


shall  be  added  to  the  irreducible  trust  funds  held  by  the 
state  for  educational  purposes,  and  interest  thereon  be  paid 
semi-annually  to  the  treasurer  of  such  university,  upon  the 
requisition  of  the  state  auditor.     (80  v.  194  §  5.) 

Section  7937.  A  state  tax  or  a  tax  equal  to  the  state 
tax  upon  like  property,  shall  be  levied  and  collected  upon 
all  lands  donated  to  the  Ohio  university,  situated  at  Athens, 
Ohio,  and  held,  by  lease  from  it  or  by  deed  from  the  gov- 
ernor of  the  university,  including  such  parts  of  such  lands 
as  are  or  may  be  owned,  occupied  or  used  by  railroad  com- 
panies as  road-beds,  road-ways,  station-houses,  or  for  other 
purposes.  Such  taxes,  when  collected,  shall  be  paid  by  the 
treasurer  of  Athens  county,  upon  the  warrant  of  the 
auditor  of  the  county,  to  the  treasurer  of  the  Ohio  univer- 
sity, for  its  use.     (82  v.  115  §  I.) 

Section  7938.  The  tax  so  collected  upon  lands  so 
held  by  lease,  shall  be  in  lieu  of  so  much  of  the  rents  due 
to  the  university.  The  tax  so  collected  from  railroad  com- 
panies, and  paid  to  the  university,  shall  not  include  the  tax 
upon  rolling  stock.     (82  v.   115  §  2.) 


Levy   and   col- 
lection  of 
state   tax   upon 
lands    donated 
to  Oh:o  uni- 
versity. 


Tax    in    lieu 
of  rents;    tax 
collected    from 
railroad    com- 
panies. 


Appointment 
of   trustees. 


Annual    re- 
port. 


MIAMI    UNIVERSITY. 

Section  7939.  The  government  of  Miami  university 
shall  be  vested  in  twenty-seven  trustees,  to  be  appointed 
by  the  governor  by  and  with  the  advice  and  consent  of  the 
senate.  Nine  trustees  shall  be  appointed  every  third  year, 
for  a  term  of  nine  years,  beginning  on  the  first  day  of 
March  in  the  year  of  their  appointment.  Vacancies  in  the 
board  of  trustees  shall  be  filled  for  the  unexpired  term  in 
the  same  manner.     {66  v.  73  §  i.) 

Section  7940.  The  board  of  trustees,  annually,  shall 
make  a  full  and  accurate  report  to  the  governor,  on  or  be- 
fore the  fifteenth  day  of  November,  of  all  receipts  and  dis- 
bursements of  the  preceding  year,  the  number  of  students 
in  attendance,  studies  taught,  and  such  other  matters  con- 
nected with  the  institution  as  the  board  deems  Important. 
Such  report  shall  be  transmitted  by  the  governor  to  the 
legislature.     (66  v.  73  §  2.) 

Section   7941.     The   standing  committee   on   colleges   ihuyofstand- 
and  universities  of  each  legislature,  shall  examine  into  the    j,"/ coiws"^^ 
condition  of  Miami  university,  and  report  to  the  legislature   apd  univer- 
such  matters  as  it  deems  important  to  the  Interests  of  the 
university.     (66  v.  73  §  3.) 


OHIO   STATE   UNIVERSITY. 


Section    7942.     The   government   of    the   Ohio    state    .\ppointment 
university  shall  be  vested  in  a  board  of  seven  trustees,  who    "Jrm^compen- 
shall  be  appointed  by  the  governor,  with   the  advice  and    sation,  etc. 
consent  of  the  senate.    One  trustee  shall  be  appointed  each 
year  for  a  term  of  seven  years  from  the  fourteenth  day  of 


r/O 


COLLEGES    AND     UNIVERSITIES. 


Style  and 
power  of 
trustees. 


Officers   of 
the  board. 


Treasurer. 


Meetings    of 
board. 


Annual     re- 
port   of 
trustees 


.  May  of  such  year,  and  serve  until  bis  successor  is  appointed 
and  qualified.  A  vacancy  in  the  office  of  trustee  shall  be 
filled  by  an  appointment  to  be  made  in  the  same  manner  as 
an  original  appointment,  but  only  for  the  unexpired  term. 
The  trustees  shall  not  receive  compensation  for  their  serv- 
ices, but  shall  be  paid  their  reasonable  necessary  expenses 
while  engaged  in  the  discharge  of  their  official  duties.  (75 
V.  126  §§  2,  3.) 

Section  7943.  The  trustees  and  their  successors  in 
office  shall  be  styled  the  ''board  of  trustees  of  the  Ohio 
state  university,"  with  the  right  as  such,  of  suing  and  be- 
ing sued,  of  contracting  and  being  contracted  with,  of  mak- 
ing and  using  a  common  seal,  and  altering  it  at  pleasure. 
(67  V.  21  §  4.) 

Section  7944.  The  board  of  trustees  annually  shall 
elect  one  of  their  number  chairman,  and  in  the  absence  of 
the  chairman  elect  one  of  their  number  temporary  chair- 
man. It  also  may  appoint  a  secretary,  treasurer,  and 
librarian,  and  such  other  officers  as  the  interests  of  the 
college  require,  who  may  be  members  of  the  board.  Such 
appointees  shall  hold  their  offices  for  such  term  as  the  board 
may  fix,  subject  to  removal  by  it,  and  receive  such  com- 
pensation as  the  board  prescribes.     (67  v.  21  §  9.) 

Section  7945.  Before  entering  upon  the  duties  of  his 
office  the  treasurer  shall  give  bond  to  the  state  in  such  sum 
as  the  board  of  trustees  determines,  but  not  for  a  less  sum 
than  the  probable  amount  that  will  be  under  his  control  in 
any  one  year,  conditioned  for  the  faithful  4ischarge  of  his 
duties  and  the  payment  of  all  moneys  coming  into  his 
•  hands,  the  bond  to  be  approved  by  the  attorney-general  of 
the  state.     {6"]  v.  21  §  9.) 

Section  7946.  Meetings  of  the  board  of  trustees 
shall  be  called  in  such  manner,  and  at  such  times  as  the 
board  prescribes.  The  board  shall  meet  at  least  three  times 
annually,  and  at  such  other  times  as  may  be  necessary  for 
the  best  interest  of  the  university.  A  majority  of  the  board 
present  at  any  meeting  shall  constitute  a  quorum  to  do  busi- 
ness; but  a  majority  of  all  the  board  shall  be  necessary  to 
elect  or  remove  a  president  or  professor.     ("75  v.  1:26  §  6.) 

Section  7947.  On  or  before  the  first  day  of  October 
of  each  year  the  board  of  trustees  shall  cause  a  report  to 
be  made  to  the  governor  of  the  condition  of  the  university  ; 
the  amount  of  receipts  and  disbursements,  and  for  what 
the  disbursements  were  made;  the  number  of  professors, 
officers,  teachers,  and  other  employes  and  the  position  and 
compensation  of  each,  the  number  of  students  in  the  sev- 
eral departments  and  classes,  and  the  course  of  instruction 
pursued  in  each;  also  an  estimate  of  the  expenses  for  the 
ensuing  year;  a  statement  showing  the  progress  of  the  uni- 
versity, recording  any  improvements  and  experiments  made, 
with  their  costs,  and  the  results,  and  such  other  matters  as 


COLLEGES    AND    UNIVERSITIES. 


171 


are  useful.  Such  annual  report  shall  be  for  the  year  end- 
ing June  thirtieth  next  preceding.  Five  thousand  copies 
thereof  shall  be  printed  under  the  law  as  to  printing  the 
journals  and  other  documents  of  the  general  assembly,  to 
be  distributed  by  the  trustees  in  such  manner  as  they  deem 
for  the  best  interest  of  the  university.  The  president 
thereof  shall  transmit  by  mail  one  copy  respectively  to  the 
secretary  of  the  interior,  the  secretary  of  agriculture,  and 
to  each  of  the  colleges  which  are,  or  may  be  endowed 
under  the  provisions  of  the  act  of  congress  of  July  2nd, 
1862.     (90  v.  292  §  7.) 

Section  7948.  The  board  of  trustees  may  adopt  by- 
laws, rules  and  regulations  for  the  government  of  the  uni- 
versity.    (67  V.  21  §  5.) 

Section  794Q.  The  board  of  trustees  shall  elect,  and 
fix  the  compensation  of  and  remove,  the  president  and  such 
number  of  professors,  teachers  and  other  employes  as  may 
be  deemed  necessary;  but  no  trustee,  or  his  relation  by 
blood  or  marriage,  shall  be  eligible  to  a  professorship  or 
position  in  the  university,  the  compensation  for  which  is 
payable  out  of  the  state  treasury  or  a  university  fund.  The 
board  shall  fix  and  regulate  the  course  of  instruction  and 
prescribe  the  extent  and  character  of  experiments  to  be 
made  at  the  university.  (67  v.  21  §  5;  75  v.  126  §  2 ;  99 
V.  602  §  9.) 

Section  7950.  The  board  of  trustees  shall  have  gen- 
eral supervision  of  all  lands,  buildings,  and  other  property 
belonging  to  the  university,  and  the  control  of  all  expenses 
therefor,  but  shall  not  contract  a  debt  not  previously 
authorized  by  the  general  assembly  of  the  state.      {6^  v. 

2t    §    8.) 

Section  7951.  The  board  of  trustees  may  receive, 
and  hold  in  trust,  for  the  use  and  benefit  of  the  university, 
any  grant  or  devise  of  land,  and  donation  or  bequest  of 
money  or  other  personal  property,  to  be  anrHed  to  the  gen- 
eral or  special  use  of  the  university.  All  donations  or  be- 
quests of  money  shall  be  paid  to  the  state  treasurer,  and 
invested  in  like  manner  as  the  endowment  fund  of  the 
university,  unless  otherwise  directed  in  the  donation  or  be- 
quest.    (67  v.  22  §  II.) 

Section  79.S2.  The  title  for  all  lands  for  the  use  of 
the  university  shall  be  made  in  fee  simple  to  the  state  of 
Ohio,  with  covenants  of,  seizin  and  warranty,  and  no  title 
shall  be  taken  to  the  state  for  the  purposes  aforesaid  until 
the  attorney-general  is  satisfied  that  it  is  free  from  all  de- 
fects and  incumbrances.     {()J  v.  22  §  13.) 

Section  70^3.  The  attorney-general  of  the  state  shall 
be  the  legal  adviser  of  such  board  of  trustees.  He  shall 
institute  and  prosecute  all  suits  in  their  behalf  and  receive 
like  compensation  therefor  as  he  is  entitled  to  by  law  for 


Board  may 
make  rules 
and  regula- 
tions. 


Election    of 

president,   pro- 
fessors, etc., 
and   course  of 
instruction. 


Property,  ex- 
penses, etc. 


Board   may   re- 
ceive  devises 
of  land,  etc. 


Title  of   lands 
to  be^ested 
in    the    state, 
etc. 


Attorney-gen- 
eral  to   be 
legal    adviser 
of   the   board. 


172 


COLLEGES    AND    UNIVERSITIES. 


Who    admitted 
as   pupils; 
lectures. 


Branches 
prescribed. 


Duties    of 
board  as   to 
cereals,    etc. 


Collections   of 
specimens   of 
geology,    etc. 


Department  of 
ceramics. 


suits  brought  in  behalf  of  the  asylums  of  the  state,      {dj' 
V.  22  §  15.) 

Section  7954.  The  university  shall  be  open  to  all 
persons  over  fourteen  years  of  age,  subject  to  such  rules, 
regulations  and  limitations,  as  to  numbers  from  the  several 
counties  of  the  state,  as  is  prescribed  by  the  board  of  trus- 
tees. But  each  county  shall  be  entitled  to  its  just  proportion, 
according  to  its  population.  The  board  may  provide  for 
courses  of  lectures,  either  at  the  seat  of  the  university  or 
elsewhere  in  the  state,  which  shall  be  free  to  all.      (67  v. 

20  §  7.) 

Section  7955.  The  board  of  trustees,  in  connection 
with  the  faculty  of  the  university  shall  provide  for  the 
teaching  of  such  branches  of  learning  as  are  related  to 
agriculture  and  the  mechanic  arts,  mines  and  mine  engi- 
neering, and  military  tactics,  and  such  other  scientific  and 
classic  studies  as  the  resources  of  the  fund  will  permit. 
{71  V.  227  §  10.) 

Section  79,^6.  The  board  of  trustees  shall  collect,  or 
cause  to  be  collected,  specimens  of  the  various  cereals, 
fruits,  and  other  vegetable  products,  and  have  experiments 
made  in  their  reproduction  upon  the  lands  of  the  university, 
and  make  report  thereof  from  year  to  year,  together  with 
such  other  facts  as  tend  to  advance  the  interests  of  agri- 
culture.    (75  V.  126  §  4.) 

Section  7957.  The  board  of  trustees  shall  secure  and 
keep  in  the  university  a  collection  of  specimens  in  min- 
eralogy, geology,  zoology,  botany,  and  other  specimens  per- 
taining to  natural  history  and  the  sciences.  The  president 
of  the  university  shall  collect  and  deposit  therein  in  the 
manner  directed  by  the  trustees,  a  full  and  complete  set  of 
specimens  as  collected  by  him  and  his  assistants,  together 
with  a  brief  description  of  the  character  thereof,  and  where 
obtained.  Such  specimens  shall  be  properly  classified  and 
kept  for  the  benefit  of  the  university.     (75  v  126  §  5.) 

Section  7958.  The  board  of  trustees  of  the  univer- 
sity shall  establish  therein  a  department  of  ceramics,  equip- 
ped and  designed  for  the  technical  education  of  clay,  cement 
and  glassworkers,  in  all  branches  of  the  art  which  exist  in 
this  state,  or  which  profitably  can  be  introduced  and  main- 
tained herein  from  the  mineral  resources  thereof,  includ- 
ing the  manufacture  of  earthenwares,  stonewares,  yellow- 
wares,  whitewares,  china,  porcelain  and  ornamental  pot- 
tery, the  manufacture  of  sewer-pipe,  fire-proofing,  terra- 
cotta, sanitary  claywares,  electric  conduits  and  specialties, 
fire-bricks  and  all  refractory  materials,  glazed  and  enameled 
bricks,  pressed  bricks,  vitrified  paving  material  as  well  as 
the  most  economic  methods  in  the  production  of  the  coarser 
forms  of  bricks  used  for  building  purposes ;  and  the  manu- 
facture of  tiles  used  for  paving,  flooring,  decorative  wall- 


COLLEGES    AND     UNIVERSITIES.  173 

paneling,  roofing  and  draining  purposes ;  also  the  manufac- 
ture of  cement,  concrete,  artificial  stone  and  all  kinds  of 
glass  products  and  all  other  clay  industries  represented  in 
this  state.     (91  v.  164  §  i.) 


Fp"cial   in- 
struction 
tlurein. 


Section  7959.  Such  department  shall  offer  special 
instruction  to  clay-workers  on  the  origin,  composition, 
properties  and  testing  of  clays,  the  selection  of  materials 
for  different  purposes,  the  mechanical  and  chemical  prepa- 
ration of  clays,  the  laws  of  burning  clays,  the  theory  and 
practice  of  the  formation  of  clay  bodies,  slips  and  glazes, 
and  the  laws  which  control  the  formation  and  fusion  of 
silicates.     (91  v.  164  §  2.) 

Section  7960.  Such  department  shall  be  provided  Laboratory. 
with  an  efftcient  laboratory  designed  especially  for  the  prac- 
tical instruction  of  clay-workers  in  the  Hst  of  subjects 
enumerated  in  section  seventy-nine  hundred  and  fifty^eight, 
and  also  be  equipped  to  investigate  into  the  various  troubles 
and  defects  incident  to  every  form  of  clay  working,  which 
can  not  be  understood  or  avoided  except  by  use  of  such 
scientific  investigation.  Such  laboratory  shall  be  equipped 
with  apparatus  for  chemical  analysis,  with  furnaces  and 
kilns  for  pyrometric  and  practical  trials,  with  such  machin- 
ery for  the  grinding,  washing  and  preparation  of  clays  for 
manufacture,  as  is  consistent  with  the  character  of  the  de- 
partment.    (91  V.  164  §  3.) 

Section  7961.  To  conduct  this  department  of  cera-  Expert. 
mics,  the  board  of  trustees  shall  employ  a  competent  ex- 
pert, who  shall  unite  with  the  necessary  education  and 
scientific  acquirements,  a  thorough  practical  knowledge  of 
clay-working,  and  not  less  than  two  years'  actual  experi- 
ence in  some  branch  of  the  art.  He  shall  teach  the  theo- 
retical part  of  the  subject,  conduct  the  laboratory  for  the 
instruction  of  students,  prosecute  such  scientific  investiga- 
tions into  the  technology  of  the  various  clay  industries  as 
may  be  practicable,  and  from  time  to  time  publish  the  re- 
sults of  his  investigations  in  such  form  that  they  will  be 
accessible  to  the  clay-workers  of  the  state  for  the  advance- 
ment of  the  art.     (91  v.  164  §  4.)  '        " 

Section  7962.  The  board  of  trustees,  of  the  univer-  Establishment 
sity  are  required  to  establish  therein, .a  school  of  mines  and 
mine  engineering,  in  which  shall  be  provided  the  means  for 
scientifically  and  experimentally  studying  the  survey,  open- 
ing, ventilation,  care  and  working  of  mines.  Such  school 
shall  be  provided  with  a  collection  of  drawings,  illustrating 
the  manner  of  opening,  working,  and  ventilating  mines ; 
with  the  necessary  instruments  for  surveying,  measuring 
air,  examining  and  testing  the  noxious  and  poisonous  gases 
of  mines,  and  with  models  of  the  most  improved  machinery 
for  ventilating  and  operating  all  the  various  kinds  of  mines 
with  safety  to  the  lives  and  health  of  those  engaged  therein. 
Such  school  also  shall  be  provided  with  complete  mining 


of  a  school 
of 


1/4 


COLLEGES    AND    UNIVERSITIES. 


Employment 
and  duties  of 
instructors. 


Written  analy- 
sis of  fertil- 
izers. 


State    sealer 
and  standards 
of  weights 
and   measures. 


Copies    of 
standards    for 
use    of 
counties. 


laboratories  for  the  analysis  of  coals,  ores,  fire-clays  and 
other  minerals,  and  with  all  the  necessary  apparatus  for 
testing  the  various  coals,  ores,  fire-clays,  oils,  gases,  and 
other  minerals.     (85  v.  155  §  i.) 

Section  7963.  The  board  of  trustees  shall  employ 
competent  persons  to  give  instruction  in  the  most  improved 
and  successful  methods  of  opening,  operating,  surveying 
and  inspecting  mines,  including  the  methods  and  machinery 
employed  for  extracting  coal,  ore,  fire-clay,  oil,  gas  and 
other  minerals  from  the  pit's  mouth  and  for  facilitating 
the  ascent  and  descent  of  workmen,  the  draining  and  free- 
ing of  mines  from  water,  the  causes  of  the  vitiation  of  air, 
the  quantities  of  fresh  air  required  Under  the  various  cir- 
cumstances, natural  ventilation,  mechanical  ventilation  by 
flues  and  fans,  and  other  ventilating  machinery,  the  use  of 
air-engines,  air  compressors  and  coal  cutting  machinery ; 
also  instruction  in  the  various  uses  of  coals,  ores,  fire-clays, 
oils,  gases  and  other  minerals,  and  the  methods  of  testing, 
analyzing  and  assaying  such  minerals ;  and  the  methods 
employed  in  metallurgical  and  other  processes  in  the  re- 
duction of  ores  and  in  determining  the  qualities  of  metals, 
particularly  iron  and  steel,  as  show^n  by  practical  and  labor- 
atory tests.  There  also  shall  be  kept  in  a  cabinet  properly 
arranged  for  ready  reference  and  examination,  suitably  con- 
nected with  such  school  of  mines,  samples  of  the  specimens 
from  the  various  mines  in  the  state,  which  may  be  sent  for 
analysis,  together  with  the  names  of  the  mines  and  their 
localities  in  the  counties  from  which  they  were  sent,  with 
the  analysis  and  a  statement  of  their  properties  attached. 
Such  person  shall  also  furnish  an  analysis  of  all  minerals 
found  in  the  state  and  sent  to  him  for  that  purpose  by  resi- 
dents thereof.     (85  v.  155  §  2.) 

Section  7964.  The  professor  occupying  the  chair  in 
the  chemical  and  mechanical  department  of  the  university, 
upon  application,  shall  make  and  give  a  written  analysis  of 
artificial  fertilizers  furnished  to  him  for  that  purpose.  (75 
V.  91  §  2.) 

-  Section  7965.  The  professor  of  physics  of  the  uni- 
versity shall  be  ex-officio  state  sealer.*  The  standards  of 
weights  and  measures  adopted  by  the  state  shall  be  de- 
posited in  a  suitable  roam  at  the  university,  and  be  by  him 
kept  in  suitable  cases,  to  be  opened  only  for  the  purpose 
of  comparing  with  such  standards  the  copies  which  by  law 
are  furnished  for  the  use  of  the  several  counties,  unless  by 
a  joint  resolution  of  the  general  assembly,  or  upon  a  call 
of  either  house  for  information,  or  by  order  of  the  gov- 
ernor for  scientific  purposes.     (R.  S.  Sec.  142.) 

Section  7966.  Copies  of  the  original  standards  of  the 
following  materials,  shall  be  procured  by  the  state  sealer 
for  the  use  of  each  county  in  this  state,  not  already  fur- 

*  Under  an  act  passed  May  10,  1910,  the  state  dairy  and  food  commis- 
sioner  is  made  state   sealer. 


COLLEGES    AND     UNIVERSITIES. 


175 


nished,  in  pursuance  of  law,  and  be  delivered  by  him  to  the 
auditor  thereof.  One-half  bushel  measure,  of  one-eighth 
inch  copper,  with  brass  rim ;  one  gallon  measure,  of  one- 
sixteenth  inch  copper,  with  brass  rim  and  handle ;  one-half 
gallon,  one  quart,  one  pint,  and  one-half  pint  measure,  to 
be  made  in  the  same  manner  and  of  the  same  material; 
fifty,  twenty-five,  twenty,  ten,  five,  four,  three,  two  and  one 
pound  weights,  avoirdupois,  to  be  made  of  castiron,  turned, 
polished,  and  trimmed;  and  one-half  pound,  one  quarter 
pound,  two  ounce,  one  ounce,  half  ounce,  and  quarter  ounce 
weights,  troy,  to  be  made  of  brass ;  one  brass  yard  measure, 
graduated  into  feet,  inches  and  tenths.     (R.  S.  Sec.  143.) 

Section  7967.  The  state  sealer  shall  cause  to  be  im- 
pressed on  each  of  the  copies,  so  to  be  delivered  to  the 
counties,  the  letter  ''O,"  and  such  other  device  for  each 
county  as  he  directs  before  its  deposit  in  the  county  audi- 
tor's office.  Such  device  shall  be  recorded  in  the  state 
sealer's  office,  and  a  copy  thereof  furnished  to  the  auditor 
of  the  proper  county.     (R.  S.  Sec.  144.) 

Section  7968.  The  state  sealer  shall  furnish  like 
copies  of  the  original  standards  to  the  sealer  of  any  city  or 
village  upon  application  therefor,  and  payment  of  the  cost 
thereof,  by  such  city  or  village.     (R.  S.  Sec.  145.) 

Section  7969.  The  state  sealer  shall  render  accounts 
to  the  auditor  of  state  of  all  moneys  by  him  paid  or  liabili- 
ties incurred  in  procuring  and  delivering  copies  of  the 
standards  to  the  counties ;  and  the  auditor  shall  audit  such 
accounts  and  draw  his  warrants  on  the  state  treasurer  for 
the  amounts  he  finds  due,  which  must  be  paid  by  the  treas- 
urer out  of  any  moneys  to^the  credit  of  the  general  revenue 
fund.     (R.  S.  Sec.  146.) 

Section  7970.  The  state  sealer  of  weights  and  meas- 
ures shall  have  charge  of  all  the  apparatus  and  property, 
belonging  to  the  state,  intended  for  the  inspection  of  illu- 
minating gas  and  gas  meters,  and  the  testing  of  the  registra- 
tion of  meter-provers ;  he  shall  test  the  registration  of  all 
meter-provers  that  may  be  presented  to  him  for  that  pur- 
pose, and  stamp  and  seal  all  such  meter-provers,  so  tested, 
that  are  found  correct.  For  testing  the  registration  of  gas 
meter-provers,  to  be  paid  by  the  persons  requiring  such 
service,  he  shall  be  allowed  the  sum  of  five  dollars  for  each 
meter-prover  tested.     (R.  S.  Sec.  147.) 

Section  7971.  All  funds  derived  from  the  sale  of 
land  scrip  issued  to  this  state  by  the  United  States,  in  pur- 
suance of  any  act  of  congress,  together  with  the  interest 
accumulated  thereon,  shall  constitute  a  part  of  the  irre- 
ducible debt  of  the  state,  the  interest  upon  which,  as  pro- 
vided by  law  shall  be  paid  to  the  university  bv  the  auditor 
of  state,  upon  the  requisition  of  the  commissioners  of  the 
sinking  fund,  issued  on  the  certificate  of  the  secretary  of 
the  board  of  trustees,  that  it  has  been  appropriated  by  such 


Device    on 

county 

standards. 


Like    copies 
to  be   fur- 
nished to 
cities   and 
villages. 


Expenses. 


Inspection    of 
gas    and 
meters. 


Funds  from 
sale  of  land 
scrip. 


176 


COLLEGES    AND    UNIVERSITIES. 


trustees  to  the  endowment,  support,  and  maintenance  of 
the  university,  as  provided  in  such  act  of  congress.  (75 
V  126  §  8.) 

Investment  of  SECTION  7972.     On  the  first  days  of  January  and  July 

'"scHp'^fund."    in  each  year,  the  auditor  of  state  shall  invest  the  interest 

arising  from  the   "agricultural  college  scrip   fund"  in  the 

same  manner  in  which   the   principal  ther-eof   is   invested. 

{67  v.  16  §  2.) 


County 
schools. 


Tns!  ruction 
l)y    mail. 


Section  7973.  The  College  of  Agriculture  and  Do- 
mestic Science  of  the  university  shall  arrange  for  the  ex- 
tension of  its  teachings  throughout  the  state,  and  hold 
schools  in  which  instructions  shall  be  given  in  soil  fertility, 
stock  raising,  crop  production,  dairying,  horticulture, 
domestic  science  and  kindred  subjects.  No  such  school 
shall  exceed  one  week  in  length,  and  not  more  than  one  be 
held  in  any  county  during  a  year.     (100  v.  11  §  i.) 

Section  7974.  In  addition  to  the  holding  of  such 
schools,  such  college  shall  give  instruction  and  demonstra- 
tions in  various  lines  of  agriculture,  at  agricultural  fairs, 
institutes,  granges,  clubs,  or  in  connection  with  any  other 
organizations,  that,  in  its  judgment,  may  be  useful  in  ex- 
tending agricultural  knowledge.  The  work  in  agricultural 
extension  may  also  include  instruction  by  mail  and  the 
publication  of  bulletins  designed  to  carry  the  benefits  of  its 
teachings  to  communities  remote  from  the  college.  (100  v. 
II  §  2.) 

WILBERFORCE    UNIVERSITY. 


Normal  and  SECTION    7975-     A    combiued    normal    and    industriial 

d"partra?nt.       department  shall  be  estabHshed  and  maintained  at  Wilber- 

force  university,  in  Greene  county,  Ohio.     (84  v.  127  §  i.) 


Board   of 
trustees. 


Choosing    of 
trustee^    by 
university 
board. 


Section  7976.  The  government  of  such  department 
shall  be  vested  in  a  board  of  nine  trustees  to  be  known  as 
"the  board  of  trustees  of  the  combined  normal  and  indus- 
trial department  of  Wilberforce  university."  Five  rnem- 
bers  of  such  board  shall  be  appointed  by  the  governor,  by 
and  with  the  consent  of  the  senate,  and  three  members 
thereof  shall  be  chosen  by  the  board  of  trustees  of  the  uni- 
versity. The  president  of  the  university  shall  be  ex-officio 
a  member  of  the  board.  The  governor  shall  appoint  one 
member  of  such  board  each  year,  who  shall  serve  five  years, 
and  whose  term  shall  begin  upon  the  first  day  of  July  in 
such  year.  Such  appointment  shall  be  made  during  the 
session  of  the  senate  next  preceding  the  beginning  of  such 
term.     (92  v  275  §  2.) 

Section  7977.  One  member  of  -ihe  board  shall  be 
chosen  by  the  board  of  trustees  of  the  university  at  a  regu- 
lar meeting  in  each  year,  and  shall  hold  office  for  the  term 
of  three  years  from  the  thirtieth  dav  of  Tnne  in  such  year. 
(89  V.  368  §  3.) 


COLLEGES    AND    UNIVERSITIES.  I77 

Section  7978.  In  case  a  vacancy  in  that  portion  of  \  ..cancies. 
the  board  appointed  by  the  governor  or  chosen  by  the  uni- 
versity board  occurs  from  death,  resignation,  or  other  cause, 
the  appointment  or  selection  to  fill  such  vacancy  shall  be 
made  in  the  one  case  by  the  governor,  and  in  the  other  by 
the  executive  board  of  the  university  for  the  unexpired 
term.     (84  v.  127  §  4.) 

Section^  7979-     Forthwith  upon  a  choice  by  the  uni-    Names  of 
versity  board  of  a  trustee,  the  secretary  of  the  university   ^er'ified  %  ^^ 
shall  certify  to  the  governor,  under  the  university  seal,  the   governor, 
name  of  the  persons  so  chosen  as  trustees,  and  shall  also  in 
a  like  manner  certify  the  name  of  the  person  chosen  by  the 
executive  board  at  anv  time  to  fill  a  vacancy.     (84  v,  127 
§  5.)      . 

Section  7980.  The  board  of  trustees  so  created  shall  MeeUngs  of 
meet  in  regular  session  at  the  university  twice  a  year.  The  expenses.  ^^^^^ 
first  meeting  shall  be  on  the  third  Thursday  in  June,  and 
the  second  on  the  first  Thursday  in  November  of  each  year. 
Other  meetings  may  be  held  at  such  places  and  times  as  a 
majority  of  the  board  determines.  The  trustees  shall  re- 
ceive no  compensation,  but  shall  be  reimbursed  their  travel- 
ing and  other  reasonable  and  necessary  expenses  out  of  ap- 
propriations under  this  sub-division  of  this  chapter.  (89 
V.  368  §  6.) 

Section  7981.  The  board  of  trustees ^shall  take,  keep  _,__  „ 
and  maintain  exclusive  authority,  directions,  supervision  and  ?;'  'ff^,°^ 
control  over  the  operations  and  conduct  of  such  normal 
and  industrial  department,  so  as  to  assure  for  it  the  best 
attainable  results  with  the  aid  secured  to  it  from  the  state. 
The  board  shall  determine  the  branches  of  industry  to  be 
pursued,  purchase  through  a  suitable  and  disinterested 
agent,  the  necessary  means  and  appliances,  select  a  superin- 
tendent for  the  industrial  branch  of  the  department,  fix 
his  salary  and  prescribe  his  duties  and  authority.  The  ex- 
penditures of  all  moneys  appropriated  for  carrying  out  the 
purposes  and  provisions  of  this  subdivision  of  this  chapter, 
shall  be  made  only  under  such  regulations  and  for  such 
specific  purposes  not  therein  provided  for,  as  the  board  of 
trustees  of  such  department  establish.  No  money  appro- 
priated by  the  state  shall  be  used  for  any  purpose  not  in 
direct  furtherance  and  promotion  of  the  objects  of  the  de- 
partment.    (84  v.  127  §  7.) 


Powers   and 

duies    0 
trustees. 


Section    7982.     No   sectarian    influence,    direction   or   Non 


sectarian 


interference  in  the  management  or  conduct  of  the  affairs   Se^a^.?I^^In°^ 
or  education  of  such  department  shall  be  permitted  by  its 
board ;  but  its  benefits   shall  be  open  to  all  applicants  of 
good   moral   character  and    within   the   limitations    of   age 
determined  by  the  board.     (84  v.  127  §  8.) 

Section    7983.     The    treasurer    of    such    department    Bon  1  of 
shall  give  to  the  state  a  bond  to  be  approved  by  the  attor-    trtasmer. 


178  COT.TJ.CI  S     AM)     UNR'EKSITIES. 

ney-general  in  the  sum  of  twenty-thousand  dollars  con- 
ditioned that  he  shall  faithfully  discharge  his  duties  and 
account  for  any  money  coming  into  his  hands  from  the 
state.     (92  V.  275  §  9.) 

Annual  report,  SECTION  7984.     Aunually,  on  or  before  the  first  day  of 

or^appr^ria-  December  the  board  of  trustees  shall  cause  their  report  to 
tions.  be  made  to  the  governor  of  the  condition,  progress  and  re- 

sults of  such  department,  with  an  estimate  of  what  appro- 
priation shall  be  required  to  secure  the  objects  of  this  sub- 
division of  this  chapter.     (84  v.  127  §   10.) 

Designation  of  SECTION  7985.     Each  seuator  and  representative  of  the 

m^embers^of  general  asscuibly  iDi  the  state  may  designate  one  or  more 
general  as-  youth  resident  of  his  district  who  shall  be  entitled  to  attend 
^^"^  ^*  such    normal    and    industrial    department    free    of    tuition. 

(92  V.  275  §  II.) 

Appropria-  SECTION  7986.     For  the  purposc  of  carrying  out  the 

tion'^o/'^rev^^  provisions  of  this  subdivision  of  this  chapter,  there  shall 
enues.  bc  Icvicd  anuually  a  tax  on  the  grand  list  of  taxable  prop- 

erty of  the  state,  which  shall  be  collected  in  a  like  manner 
as  other  state  taxes,  and  the  proceeds  of  which  will  con- 
stitute, "the  fund  of  the  combined  normal  and  industrial 
department  at  Wilberforce  university."  The  rate  of  such 
levy  shall  be  designated  by  the  general  assembly  at  least 
once  in  two  years.  If  it  fails  to  designate  the  rate  for  any 
year,  for  the  fund  of  the  "combined  normal  and  industrial 
department  of  Wilberforce  university"  such  levy  shall  be 
one  hundredth  of  one  mill  upon  each  dollar  valuation  of 
such  taxable  property.  This  shall  be  paid  to  the  treasurer 
of  the  normal  and  industrial  department  at  Wilberforce 
university  in  accordance  with  the  provisions  hereof.  All 
revenue  arising  from  tuitions,  sales  of  products  or  other- 
wise under  the  aforesaid  department  shall  be  applied  by  its 
board  of  trustees  to  defray  its  expenses,  or  to  increase  its 
efficiency,  a  strict  account  of  which  shall  be  kept  by  the 
department  board,  and  accompany  the  report  to  the  gov- 
ernor.     (94  V.  598  §   12.) 


CHAPTER  12. 


SCHOOl.S  SPECIALLY  ENDOWED. 


Section 

7987.  Trustees    for    schools    specially    endowed. 

7988.  Organization   of   board;     oath    and   bond. 

7989.  Filing  vacancies;    removal. 
79D0.    Powers  and  duties  of  trustees. 

7991.     Contracts    with     board    of    education     of 
district  in  which  school  is  located. 


r992. 


7994. 


Termination    of    contract     if    school    be- 
comes sectarian. 
Accounts   to  be   rendered. 
Visitors. 


Section  7987.  When  any  person,  by  deed,  devise, 
gift  or  otherwise,  sets  apart  any  lands,  moneys,  or  effects, 
as  an  endowment  of  a  school  or  academy,  not  previously 
established,  but  does  not  provide  for  the  management 
thereof,  the  common  pleas  court  of  the  proper  county  shall 
appoint  five  trustees,  who  shall  have  the  control  and  man- 
agement of  the  property,  moneys,  and  effects,  so  set  apart, 
and  of  the  school  or  academy  thus  endowed.  They  shall 
hold  their  offices  for  five  years,  and  until  their  successors 
are  elected  and  quahfied.  But  in  making  the  first  appoint- 
ment the  court  shall  appoint  one  trustee  for  one  year,  one 
for  two  years,  one  for  three  years,  one  for  four  years,  and 
one  for  five  years.  The  trustees  shall  be  a  body  corporate, 
with  perpetual  succession,  and  by  such  name  as  may  be 
ordered  by  the  court  making  the  first  appointment.  (53; 
V.  33  §  !•) 

Section  7988.  Immediately  after  their  appointment 
the  trustees  shall  organize  by  appointing  a  president,  sec- 
retary and  treasurer,  from  their  own  number,  and  severally 
take  and  subscribe  an  oath  to  faithfully  discharge  the  duties 
of  trustees,  and  deposit  it  with  the  county  auditor.  Before 
taking  possession  of  the  property,  moneys,  or  effects,  con- 
stituting the  endowment  or  trust,  they  severally  shall  give 
bond,  in  such  sum  as  the  court  requires,  with  two  or  more 
sufficient  sureties,  to  be  approved  by  a  judge  thereof,  whose 
approval  must  be  indorsed  on  the  bonds,  conditioned  for 
the  faithful  management  of  the  property,  moneys,  and  ef- 
fects, entrusted  to  them  and  accountability  therefor  in  such 
form  as  the  court  or  judge  may  require.  From  time  to 
time  the  court  may  require  additional  bonds  and  surety,  as 
appears  necessary  for  the  preservation  of  the  trust  estate. 
The  bonds  required  shall  be  payable  to  the  state,  and  de- 
posited in  the  office  of  the  county  auditor  for  safe  keeping. 
^S3  V.  33  §  4.) 

Section  7089.  Such  court  annually  shall  appoint  one 
trustee,  to  fill  the  vacancy  then  occurring;  and  at  any  other 
time  fill  vacancies  that  occur  from  any  cause,  for  the  un- 
expired term.  Upon  sufficient  cause  shown,  reasonable 
notice  of  the  time  and  place  of  hearing  having  been  given 
to  the  party  interested,  such  court  may  remove  a  trustee, 


Trustees    for- 
schools  spe- 
cially endowed. 


Organization 
of   board; 
oath    and: 
bond. 


I'illing  va^ 
cancies;      re- 
moval. 


j8o 


SCHOOLS    SPECIALLY     ENDOWED. 


;i'ovvcis    and 
duties   of 
irusiees. 


Contracts 
■A'i'h    board 
of    education 
of   district   in 
which    school 
is   located. 


Termination 
of   contract    if 
school   be- 
comes   sec- 
tarian. 


and,  until  a  hearing  be  had,  suspend  him  in  the  exercise  of 
his  office.     (53  v.  33  §  2.) 

vSection  7990.  From  time  to  time,  trustees  may  es- 
tablish rules  and  regulations  for  the  management  and  safe- 
keeping of  the  property,  moneys,  and  effects,  belonging  to 
the  trust,  and  the  expenditure  of  the  income  thereof,  and 
also  for  the  management,  and  government  of  the  school  or 
academy ;  which  must  be  consistent  with  the  terms  of  the 
deed,  devise  or  gift,  creating  the  endowment,  and  with  the 
laws  of  this  state.  They  shall  not,  at  any  time,  or  for 
any  cause,  incur  any  debt  or  liability,  beyond  the  net  in- 
come of  the  trust  property,  moneys,  and  effects,  or  use  or 
appropriate  it  otherwise  than  to  invest  for  the  purposes  of 
income,  any  part  of  the  principal  thereof,  unless  expressly 
authorized  so  to  do  by  the  terms  of  the  deed,  devise  or 
gift,  creating  the  endowment  of  trust.     (98  v.  206  §  3.) 

Section  7991.  The  trustees  of  any  school  heretofore 
established  under  the  provisions  hereof,  and  in  no  way  con- 
nected with  any  religious  or  other  sect,  and  tlie  board  of 
education  of  the  district  in  which  such  school  is  situated, 
may  make  contracts  whereby  such  trustees  receive  into  the 
school  pupils  from  such  district,  who  shall  receive  such 
instruction  as  is,  or  may  be,  provided  by  law  for  public 
schools  in  this  state.  In  consideration  of  such  service  by 
such  trustees,  such  board,  under  the  general  restrictions  of 
the  law  relating  to  common  schools,  in  so  far  as  they  are 
applicable  are  not  inconsistent  herewith,  may  contribute  to 
the  maintenance  of  such  school,  and  pay  auch  part  of  the 
costs  of  the  erection  of  additional  buildings,  and  upon  such 
conditions,  not  inconsistent  with  the  deed,  devise  or  gift 
under  which  the  school  is  established,  as  is  agreed  upon  by 
such  board  and  such  trustees.     fqS  v.  206  §  3.) 

Section  7992.  But  after  the  making,  of  such  con- 
tract if  such  school  becomes  sectarian  or  in  any  way  con- 
nected with  any  religious  or  other  sect  the  contract  there- 
upon shall  terminate.  When,  for  such  cause,  a  contract 
terminates,  no  right,  title,  or  interest  in  or  to  any  building 
toward  the  cost  of  which  the  board  of  education  contributed 
shall  pass  to  the  trustees  until  full  compensation  has  been 
made  to  the  board  for  the  contribution  made  by  it  to  the 
construction  of  such  building.     (98  v.  206  §  3.) 


Accounts    to 
te    rendered. 


Section  7993.  On  the  second  Monday  of  September, 
in  each  year,  and  at  such  other  times  as  the  court  requires, 
the  trustees  shall  render  a  full  and  accurate  account,  state- 
ment, and  exhibit,  of  the  condition  of  the  school  or  academy 
under  their  management,  and  the  condition  of  the  trust 
estate  and  funds ;  and  cause  it  to  be  published  in  such  fonn 
as  the  court  directs.  Such  account,  statement,  and  exhibit, 
shall  be  sworn  to  by  the  president,  secretary,  and  treasurer, 
or  two  of  them.     (53  v.  34  §  5.) 


SCHOOLS    SPECIALLY     ENDOWED.  iSl 

Section  7994.  The  common  pleas  court  of  the  proper  \isitors. 
county,  annually,  at  the  first  session  after  the  second  Mon- 
day in  September,  shall  appoint  three  competent  and  dis- 
interested persons,  who  may  visit  any  such  school  or 
academy,  examine  it  together-  with  tlie  condition  of  the  trust 
estate  or  endowment,  and  shall  report  thereon  to  such  court. 
The  court  shall  also  authorize  such  other  visitations  and 
examinations  as  appear  to  be  necessary.     (53  v.  34  §  6.) 


TITLE  IX.     PRIVATE  CORPORATIONS 


DIVISION  VI.     C   RPORATIONS  NOT  FOR  PROFIT 


CHAPTER  3. 


EDUCATIONAL. 


•Section 

■&922.     When  officers  may  be  appointed  and  de- 
grees conferred. 
■9923.    Certificate   to   be    filed   with   secretary  of 
state. 

May  hold  donated  property  in  trust. 

Who   to   constitute   faculty;     powers. 

May  acquire  machinery  and  land. 

May  change  stock  into  scholarships. 

Location    may   be    changed. 

How   endow'ment   fund   diverted. 

Vacancies     caused     by     amendment     of 
charter. 

May  increase   property. 

Borrowing   money  and  issuing  bonds. 

Statement  to  be  filed. 

How   certain   boards   may   be   constituted 
and  governed. 

Trustees  -to  be  divided  into  classes. 

Term  of   office   of  trustees;     vacancies. 

When  board  enlarged. 

When  number  in  class  reduced. 

How  a  conference  may  become  a  patron. 

Patronizing  bodies   may  appoint  visitors. 

When  right  of  representation  ceases. 

Action  to  be  taken  by  board. 

Quorum;     how  constituted. 

W 


9924. 
9925. 


9927. 

■9928. 


9932. 


9937. 


9941r 

9942. 
9943. 
9944. 


^ho 


have 


9945. 


9947. 
9948. 


9950. 


9953. 


benefit    of    subsequent 
trustees   and    appoint 


may 
provisions. 

Alurnni    may    elect 
visitors. 

Conduct  of   election. 

Returns  and  certificates  of  election. 

Endowment  fund  corporations. 

How     certain     boards      constituted     and 
governed. 

Increase    in    number   of   trustees    in    cer- 
tain corporations. 

Colleges  under  ecclesiastical  patronage. 

How     existing     corporations     may     avail 
themselves   of   the   provisions. 

Copy  of  acceptance  to  be  filed  with  sec- 
retary  of   state. 

Number  of  trustees  and  classes. 

Election;     term;     vacancies;     increase  of 
board. 


Section 

9956.    Assessments. 

Meeting  of  stockholders;    notice. 

How  amount  of  assessment  fixed. 

Limit   of   assessment   and  collection. 

Board  of   military   academies. 

Board  of  visitors. 

Duties   of   board   of   visitors. 

How  term  of  trustees  fixed. 

Certain    corporations    may    change    loca- 
tion. 

Sale  and  distribution  of  property  of  cer- 
tain  corporations. 

Certain    colleges    may    file    charter    and 
amend. 

Copy  of  amendment  to  be  filed  with  sec- 
retary of  state. 

Fee  of  secretary  of  state. 

Colleges  may  change  name  or  purpose. 

Procedure  and  effect. 

Fees    of    secretary   of   state. 

Organic    rule    may   be    prescribed    in    ar- 
ticles  of  certain   corporations. 

May  add   to  original   objects. 

Acceptance  of  statutory  provisions. 

Accounts  of  receipts  and   disbursements. 

Trustees    ineligible  to    other   office. 

Attorney-general    may    enforce    duties   of 
officers. 

May  increase  number  of  trustees  of  cer- 
tain   corporations. 

Distribution   of  new    members. 

Stock  corporations  may  retire  stock. 

Cancellation  by   decree  of  court. 

Mechanics'  institute  may  borrow  money. 

Liability  of  directors  and  trustees. 

How  medical  colleges  may  receive  bodies 
for  dissection. 

Body  to  be  delievered  to  claimant. 

Interment  of  body  after  dissection. 

Notification  of  relatives. 

Body  of  strangers  or  travelers. 

Liability    for  having  unlawful   possession 
of  body. 


9957. 
9958. 
9959. 
9960. 
9961. 


9964. 


9966. 
9967. 


9970. 
9971. 
9972. 

9973. 
9974. 
9975. 
9976. 
9977. 


9979. 
9980. 
9981. 


9983. 
9984. 


9987. 
9988. 
9939. 


When    officers 
-may  be  ap- 
liointed   and 
degrees    •on- 
f  erred. 


Section  9922.  When  a  college,  university,  or  other 
iflstitiition  of  learning  incorporated  for  the  purpose  of 
promoting  education,  religion,  morality,  or  the  fine  arts, 
has  acquired  real  or  personal  property,  of  twenty-five  thou- 
sand dollars  in  value,  has  filed  in  the  office  of  the  secretary 
of  state  a  schedule  of  the  kind  and  value  of  such  property, 
verified  by  the  oaths  of  its  trustees,  such  trustees  may  ap- 
point a  president,  professors,  tutors,  and  any  other  neces- 
sary agents  and  officers,  fix  the  compensation  of  each,  and 
enact  such  by-laws  consistent  with  the  laws  of  this  state 
and  the  United  States,  for  the  government  of  the  institu- 
tion, and  for  conducting  the  affairs  of  the  corporation,  as 
they    deem    necessary.      On    the    recommendation    of    the 

1^2 


EDUCATIONAL, 


183 


faculty,  the  trustees  also  may  confer  all  the  degrees  and 
honors  conferred  by  colleges  and  universities  of  the  United 
States,  and  such  others  having  reference  to  the  course  of 
study,  and  tli«  accomplishments  of  the  student,  as  they 
deem  proper.     (R.  S.  Sec.  3726.) 

Section  9923.  But  no  college  or  university  shall  con- 
fer any  degree  until  the  president  or  board  of  trustees 
thereof  has  hied  with  the  secretary  of  state  a  certificate 
issued  by  the  state  commissioner  of  common  schools  that 
the  coiu'se  of  study  in  such  institution  has  been  filed  in  his 
office,  and  that  the  equipment  as  to  faculty  and  other  facili- 
ties 'for  carrying  out  such  course  are  proportioned  to  its 
property  and  the  number  of  students  in  actual  attendance 
so  as  to  warrant  the  issuing  of  degrees  by  the  trustees 
thereof.     (R.  S.  Sec.  3726.) 

Section  9924.  A  universtiy,-  college,  or  academy,  or 
the  trustees  thereof,  may  hold  in  trust  any  property  devised, 
bequeathed  or  donated  to  such  institution,  upon  any  spe- 
cific trust  consistent  with  the  objects  of  the  corporation. 
(R.  S.  Sec.  3727.) 

Where  a  subscription  is  made  in  writing  and  accepted,  and  liabilities 
are  incurred  on  the  faith  of  it,  its  collection  cannot  be  defeated  on  the 
ground  of  the  supposed  want  of  a  valuable  or  legal  consideration.     16  O.  S.,  20. 

Si-xtion  9925.  The  president  and  professors  shall 
constitute  the  faculty  of  any  incorporated  literary  college 
or  imiversity,  may  enforce  the  rules  and  regulations  en- 
acted by  its  trustees  for  the  government  and  discipline  of 
the  students,  and  suspend  and  expel  offenders,  as  they  deem 
necessary.     (R.  S.  Sec.  3728.) 

Section  9926.  Any  incorporated  university,  college, 
or  academy  may  connect  therewith,  to  be  used  as  a  part  of 
its  course  of  education,  mechanical  shops  and  machinery,  or 
lands  for  agricultural  purposes  not  exceeding  three  hundred 
acres,  to  which  may  be  attached  all  necessary  buildings  for 
carrying  on  the  mechanical  or  agricultural  operations  of 
such  institution.     (R.  S.  Sec.  3729.) 

Section  9927.  Any  company  formed  in  pursuance  of 
this  title  or  which  is  held  as  stock,  and  not  derwed  by  dona- 
tion, gift,  devise,  or  gratuitous  subscription,  may  change  its 
capital  stock  into  scholarships  when  it  becomes  necessary 
for  the  purpose  of  carrying  out  the  object  for  which  it  was 
formed,  in  the  mode  provided  in  this  title  for  increasing 
the  capital  stock  of  corporations.     (R.  S.  Sec.  3730.) 

Section  9928.  A  college,  university  or  other  institu- 
tion of  learning,  existing  by  virtue  of  an  act  of  incorpor- 
ation, or  that  hereafter  becomes  incorporated  for  any  of 
the  purposes  specified  in  this  chapter,  if  three-fourths  of 
the  trustees  or  directors  thereof  deem  it  proper,  or  if  the 
institution  is  owned  in  shares,  or  by  stock  subscribed  or 
taken,  by  a  vote  of  the  holders  of  three-fourths  of  the  stock 
or  shares,  may  change  the  location  of  such  institution,  con- 


Certificate  to 
be  filed  with 
secretary  of 
state. 


May  hold  do- 
nated property 
in   trust. 


^^'llo   to   con- 
s'itute    facult} 
jiowers. 


IMay  acquire 
machniery 
and    land 


May   change 
stock    into 
scholarships. 


Location  may 
be    changed. 


184  EDUCATIONAL. 

vey  its  real  estate,  and  transfer  the  effects  thereof,  and  in- 
vest them  at  the  place  to  which  such  institution  is  removed. 
No  such  removal  shall  be  ordered,  and  no  vote  taken 
thereon,  until  after  publication  in  the  manrrer  provided  by 
law  in  case  of  a  sale  and  distribution  of  the  property  of 
such  an  institution,  in  -which  notice  shall  be  fully  set  forth 
the  place  to  which  it  is  proposed  to  remove  the  institution. 
In  case  of  removal,  a  copy  of  the  proceedings  of  such  meet- 
ing shall  be  filed  with  the  secretary  of  state.  (R.  S.  Sec. 
373I-) 

Section  9929.  The  trustees  of  a  corporation  incor- 
fiind  porated  to  create,  hold  and  manage  a  college  endowment 
fund,  the  articles  of  incorporation  of  which  provide  that 
the  fund  may  be  appHed  to  any  object  not  inconsistent  with 
the  purposes  of  education  different  from  that  particularly 
specified  therein,  may  apply  to  the  common  pleas  court  in 
the  county  where  the  corporation  is  located  for  permission 
to  make  such  change,  designating  particularly  the  purposes 
to  which  it  is  proposed  to  apply  the  fund.  On  being  satis- 
fied that  such  change  is  not  inconsistent  with  the  object  of 
the.  original  creation  and  institution  of  the  fund,  the  conn 
shall  authorize  and  sanction  it.     (R.  S.  Sec.  3732.) 


TIow    en 

men 

diverted 


ic;  n 


caus-'d 

pTTi-ni'n 

cliartcr. 


^r 


Section  9930.  When  a  vacancy  occurs  in  whole  or 
^£  part,  in  the  board  of  trustees  of  an  incorporated  college, 
seminary,  or  academy,  by  reason  of  an  amendment  of  the 
charter  thereof,  or  from  other  cause,  and  there  is  no  pro- 
vision of  law  for  filling  it,  within  three  months  after  re- 
ceiving information  thereof,  the  governor  shall  appoint 
the  required  number  of  trustees,  one-third  thereof  to  serve 
for  one  year,  one-third  for  two  years,  and  one-third  for 
three  years.      (R.  S.  Sec.  3733.) 

gg  Section  9931.     A  college,  university,  academy,  semin- 

property.  ^ry,  or  othcr  institution  devoted  to  the  promotion  of  educa- 

tion, existing  by  virtue  of  a  special  act  of  incorporation,  or 
organized  under  the  provisions  of  any  law,  whose  property 
came  and  is  held  by  donation,  gift,  purchase,  devise,  or 
gratuitous  subscription,  and  the  amount  of  which,  or  the 
income  arising  therefrom  is  Hmited  by  such  special  act,  or 
the  articles  of  association  adopted  by  such  institution,  may 
receive,  acquire,  possess  and  hold  any  amount  of  property, 
real,  personal  or  mixed,  which  its  board  of  directors  or 
trustees,  for  the  instituticn  accepts,  and  by  its  trustees,  sell, 
dispose  of  and  convey  it.  But  such  property  shall  not  be 
diverted  from  the  express  will  of  the  donor,  devisor  or  sub- 
scriber.    (R.  S.  Sec.  3734.) 


r.nriowing  Section  9932.     The  board  of  trustees  of  such  a  col 

money  and   i        ' 
suing    bonds, 


money  and  is-   \egQ^   uuivcrsity,    academy,    seminary,    or    other   institution 


devoted  to  the  promotion  of  education,  in  anticipation  of 
donations  to  be  received  and  collections  to  be  made,  for 
the  purpose  of  constructing,  enlarging  or  adding  to  college 
buildings  or  improvements,  may  borrow  such  stun  of  money 


EDUCATIONAL 


I  8^ 


S'atcnr  r 
to  be-  f;l. 


IIovv    cer;a;i) 
boards   may 
constituted 
and    gOvernci 


as  they  determine  to  be  necessary  therefor,  and  issue  bond^ 
for  it  and  secure  them  by  a  mortgage  upon  the  property  on 
which  such  improvement  is  to  be  made,  if  the  property  i- 
not  held  by  them  under  some  specific  trust.  (R.  S.  Sec. 
3734.) 

Section  9933.  Before  such  an  institution  shall  be 
authorized  to  acquire  and  hold  additional  property,  the  trus- 
tees thereof,  at  a  regular  meeting  of  their  board,  or  at  a 
special  meeting  called  for  that  purpose*,  from  time  to  tim^ 
shall  make  and  sign  a  statement  specifying  the  amount  o'* 
additional  property  which  they  seek  to  acquire  and  hold 
and  set  forth  therein  the  purposes  to  which  it  is  to  be  de 
voted,  which  statements  shall  be  entered  at  large  upon  th  > 
record  book  of  the  trustees  and  be  filed  in  the  office  of  the 
secretary  of  state.     (R.  S.  Sec.  3735.) 

Section  9934.  The  board  of  trustees  of  a  university 
or  college  heretofore  incorporated,  and  now  under  the.  pat- 
ronage of  four  or  more  conferences  or  other  religious 
bodies  of  any  religious  denomination,  may  accept  the  pro- 
visions of  this  and  the  nine  succeeding  sections,  by  resolu- 
tion adopted  at  a  regular  meeting  of  the  board,  and  entere  ^ 
upon  the  record  of  its  proceedings.  After  such  acceptance 
the  board  in  all  respects  shall  be  organized,  constituted, 
regulated,  and  perpetuated,  under  and  pursuant  to  such 
provisions.  No  right  acquired  by  such  board,  university  or 
college,  under  its  charter,  or  any  law  of  this  state,  shall  i  1 
any  way  be  affected  thereby.     (R.  S.  Sec.  3736.) 

Section  9935.  At  a  meeting  of  such  board  held  after  ^^.,^5^^^^  j,, 
a  vacancy  occurs  therein  it  shall  fill  it,  or  if  more  than  one  be  divided 
vacancy  has  occurred,  then  one  of  them,  by  appointing  the 
president  of  the  university  or  college  a  trustee,  and  the 
president  of  such  university  or  college,  shall,  ex-ofBcio,  be 
a  trustee  perpetually  thereafter.  At  such  meeting  the  board 
also  shall  divide  its  number,  excluding  such  president,  an  I 
including  all  vacancies  except  the  one  he  is  so  appointed  to 
fill,  into  classes,  corresponding  in  number  to  the  number  of 
conferences  or  other,  religious  bodies  at  the  time  patron- 
izing such  university  or  college,  such  classes  to  have  in  eacli 
an  equal  number  of  trustees,  as  near  as  may  be  and  assign 
one  of  s-uch  classes  to  each  of  the  conferences  or  other 
religious  bodies,  who  thereafter  may  fill  all  vacancies  in  the 
class  so  assigned  to  it.     (R.  S.  Sec.  3737.) 


into    classes. 


Section  9936.  When  such  classes  of  trustees  are 
formed,  the  term  of  ofifice  of  one  of  the  trustees  in  each 
class,  to  be  selected  by  lot  in  open  session  of  the  board  of 
trustees,  shall  expire  each  year,  and  the  persons  thereafter 
elected  as  trustees  shall  act  as  such  for  a  term  of  years 
equal  in  number  to  the  number  of  trustees  in  any  class,  ex- 
cept as  hereinafter  provided.  The  term  of  ofifice  of  a  trus- 
tee shall  not  expire  during  a  meeting  of  the  board  whicli 
does  not  continue  for  more  than  two  weeks  ;  and  vacancies 


Term  of  of- 
fice of  trus- 
tees; vacan- 
cies. 


1 86 


EDUCATIONAL. 


When  board 
■enlarged. 


When  num- 
"ber  in  class 
reduced. 


which  occur  in  any  class  of  trustees  otherwise  than  by  the 
expiration  of  term  of  office  shall  be  filled  only  for  the  re- 
mainder of  the  term.     (R.  S.  Sec.  3738.) 

Section  9937.  If  the  number  of  the  conferences  or 
other  religious  bodies  patronizing  such  university  or  college, 
the  board  of  trustees  of  which  has  been  divided  into  classes 
as  hereinbefore  provided,  be  increased  to  not  exceed- 
ing six,  the  board  of  trustees  shall  be  enlarged  to  the  ex- 
tent of  one  additional  class  of  trustees  for  each  of  such 
additional  conferences  or  other  religious  bodies,  sucli  ad- 
ditional classes  to  have  in  each  a  number  of  trustees  equal 
to  the  number  in  any  one  of  the  former  classes.  Each  of 
such  additional  conferences  or  other  religious  bodies  may 
elect  as  members  of  the  board,  the  number  in  its  class,  one 
for  one  year,  one  for  two  years  and  one  for  three  years, 
and  so  on  to  the  extent  of  the  number;  and  each  also  fill 
.any  vacancy  in  its  class.  Such  board  of  trustees,  composed 
according  to  the  foregoing  provisions,  and  as  provided  in 
section  ninety-nine  hundred  and  forty-five,  without  regard 
to  the  number  of  members  so  composing  it,  may  increase  its 
own  numbers  by  the  election  of  trustees  at  large,  not  ex- 
ceeding the  number  of  conferences  or  other  religious 
bodies  co-operating  with  or  patronizing  such  university  or 
college,  and  divide  such  trustees  at  large  into  classes,  at 
its  discretion.     (R.  S.  Sec.  3739.) 

Section  9938.  If  the  number  of  such  patronizing 
conferences  or  other  religious  bodies  at  any  time  exceeds 
six,  the  representation  of  each  shall  be  reduced  by  lot,  in 
open  session  of  the  board  of  trustees,  to  a  class  of  three 
trustees,  if  they  exceed  that  number,  who  thereafter  shall 
be  elected  to  serve  as  trustees  for  the  term  of  six  years, 
and  in  that  case  the  term  of  office  of  one  trustee  in  each 
class  will  expire  every  second  year.     (R.  S.  Sec.  3740.) 


How    a  con- 
ference may 
■become  a 
patron. 


Patronizing 
Ijodies  may 
api)oint 

visitors. 


Section  9939.  A  conference  or  other  religious  body, 
not  patronizing  a  particular  university  or  college,  may  be- 
come such  patronizing  conference  or  religious  body,  by  and 
with  the  consent  of  the  conferences  or  other  religious 
bodies  at  the  time  patronizing  such  university  or  college. 
(R.  S.  Sec.  3741.) 

Section  9940.  Each  conference  or  other  religious 
body  patronizing  a  particular  university  or  college,  annu- 
ally may  appoint  two  visitors,  and  the  board  of  trustees  of 
a  college  or  university,  at  the  time  of  its  organization,  by 
resolution,  adopted  and  entered  on  its  records  may  pro- 
vide for  the  appointment  of  two  visitors  by  each  confer- 
ence or  other  religious  body  patronizing  such  college  or 
university.  Such  visitors  shall  attend  the  m^eetings  of  the 
board  of  trustees  of  such  university  or  college,  and,  with 
the  trustees,  constitute  a  joint  board  for  the  appointment 
and  removal  of  all  officers,  professors,  and  instructors  of 
the  university  or  college.     (R.  S.  Sec.  3742.) 


ED  L"  CATION  A  L. 


187 


Section  9941.  If  a  conference  or  other  religious  body 
patronizing  a  university  or  college,  and  having  a  representa- 
tion in  its  board  of  trustees,  ceases  to  exist,  or  to  patronize 
such  institution,  the  right  of  such  conference  or  other  re- 
ligious body  to  such  representation  shall  cease,  and  its  board 
of  trustees  be  thereby  and  to  that  extent  reduced  in  num- 
bers.    (R.  S.  Sec.  3743.) 

Section  9942.  Before  a  conference  or  other  religious 
body  not  represented  in  the  board  of  trustees  of  a  univer- 
sity or  college  shall  be  entitled  to  be  represented  therein,  and 
before  a  conference  or  other  religious  body  represented 
therein  shall  l^e  clei^rived  of  such  representation  as  provided 
in  the  next  preceding  section,  the  board  shall  declare,  and 
•enter  in  the  record  of  its  proceedings,  that  the  conditions 
and  contingencies  hereinbefore  provided  for  in  that  behalf 
have  taken  place.     (R.  S.  Sec.  3744.) 

Section  9943.  Eleven  trustees  shall  constitute  a 
quorum  of  the  board  of  any  such  university  or  college, 
whatever  the  number  of  trustees  if  more  than  twenty  is  or 
may  become :  but  when  the  number  is  twenty  or  less,  a  ma- 
jority thereof  shall  constitute  a  quorum.     (R.  S.  Sec.  3745.) 

Section  9944.  The  board  of  trustees  of  a  university 
or  college  which  has  accepted  or  accepts  the  provisions  of 
the  ten  preceding  sections,  may  accept  the  provisions  of  the 
three  succeeding  sections  by  resolution  adopted  at  a  regular 
meeting  thereof,  and  entered  upon  the  record  of  its  pro- 
ceedings. Thereafter  the  board,  and  the  university  or  col- 
lege, shall  be  subject  to  the  provisions  of  such  sections. 
(R.  S.  Sec.  3746.) 

Section  QQjc;.  /'N  f  ter  such  acceptance  by  the  board  of 
a  university  or  college,  the  alumni  thereof  composing  its 
alumni  association,  may  elect  as  members  of  the  board  of 
trustees  of  such  college  or  university,  members  of  such  as- 
sociation, in  numbers  equaling  the  numbers  of  the  confer- 
ences co-operating  with  or  patronizing  such  university'  or 
college,  and  divide  such  alumnal  trustees  into  classes,  and 
perpetuate  them.  At  the  same  time  such  alumni  may  elect 
as  visitors  members  of  their  association  equaling  in  num- 
bers one-half  of  the  numbers  of  the  conferences  or  other 
religious  bodies  co-operating  with  or  patronizing  such  uni- 
versity or  college,  who  shall  have  the  same  powers  and 
duties  as  visitors  appointed  by  such  conference  or  other 
religious  body.  When  women  are  members  of  the  alumnal 
association  so  electing,  they  shall  be  eligible  as  visitors. 
The  board  of  trustees  shall  be  judge  of  the  validity  of  the 
election  and  the  returns  thereof,  of  trustees  and  visitors 
elected  under  this  section.     (R.  S.  Sec.  3747.)  -     -. 

Section  9046.  The  election  of  trustees-  and  visitors 
by  the  alumni  shall  be  by  ballot,  and  held  each  year,  begin- 
ning the  year  after  such  acceptance,  on  the  secular  day 
next  before  the  dav  of  commencement  of  such   universitv 


When    right    of 

representation 

ceases. 


Action   to   be 
taken    by 
board. 


Quorum;    how 
constituted. 


Who  may  have 
benefit  of  sub- 
sequent pro- 
visions. 


Alumni  may 
elect    trustees 
and   appoint 

visitors. 


Conduct   of 
election. 


r88  EDL'CATiu.\.\r>. 

or  college,  at  such  place  in  a  building  on  its  grounds  as  is 
designated  by  the  president  of  the  alumnal  association  b}^ 
written  notice  posted  the  day  before  the  election  in  at  least 
two  public  places  on  such  grounds.  The  polls  shall  be 
opened  at  the  hour  named  in  such  notice,  which  shall  not 
be  later  than  three  o'clock  afternoon,  and  be  kept  open  for 
two  hours  thereafter.  The  election  shall  be  conducted  by 
three  judges  and  two  clerks;  who  are  members  of  the  asso- 
ciation and  chosen  by  the  members  present  at  the  place  of 
voting  at  the  time  for  opening  the  polls.  They  sh'all  cer- 
tify to  the  board  of  trustees  the  result  of  such  election,  with 
a  list  of  the  members  voting  thereat;  Each  ballet  shall  con- 
tain tlie  names  of  the  persons  voted  for,  the  office  which 
each  is  fo  fill  and  a  designation  of  the  term  for  which  he 
is  to  serve.  At  such  election  all  members  of  the  alumnal 
association  of  such  university  or  college  shall  he  entitled  to 
vote.  Members  not  in  attendance  may  exercise  their  right 
by  sending  ballots  conforming  to  the  foregoing  provisions, 
with  their  names  thereon  indorsed,  and  addressed  under 
seal  to  the  president  of  such  association.    (R.  S.  Sec.  3748.) 


Returns  and  SECTION  9947-     After  the  polls  are  closed  the   result 

efectio^n.^^  °  shall  be  ascertained  and  certified  to  by  the  judges  and 
clerks,  and  the  person  or  persons,  not  exceeding  the  num- 
ber to  be  elected,  who  received  the  highest  number  of  votes 
therefor,  shall  be  declared  elected  as  trustee  as  designated 
on  the  ballot.  The  two  persons  who  receive  the  highest 
number  of  yotes  for  visitors  shall  be  declared  elected,  but 
their  terms  of  office  shall  not  begin  until  after  the  final 
adjournment  of  the  regular  meeting  of  the  trustees  for  that 
year.  If  any  two  or  more  persons  receive  an  equal  number 
of  votes  for  trustee  or  visitor,  one  of  them,  as  is  determined 
by  lot  by  the  judges,  in  the  presence  of  all  the  electors  who 
wish  to  be  present,  shall  be  the  trustee  or  visitor,  and  be  so 
declared.  DupHcate  certificates  of  election  shall  be  signed 
by  the  judges  and  clerks,  and  delivered  by  them,  one  to 
each  of  the  persons  elected,  and  the  other,  with  the  p^oll- 
books  duly  certified  by  the  judges  and  clerks,  to  the  secre- 
tary of  the  board  of  trustees  of  the  university  or  college, 
the  next  day  after  the  election,  which  certificate  he  shall 
enter  of  record  in  the  book  containing  the  proceedings  of 
the  board  of  trustees.     (R.  S.  Sec.  3749.) 


Endowment 


Section  0048.  The  trustees  of  a  corporation  incor- 
f'^^'id  corpo-  porated  for  the  purpose  of  creating  a  fund,  the  income  of 
which  is  to  be  applied  to  the  promotion  of  education,  may 
receive  subscriptions  for  membership  in  the  corporation, 
and  they,  or  a  majority  of  them,  by  giving  ten  days'  notice, 
by  publication  in  th.e  county  where  the  corporation  is 
located,  may  call  a  meeting  of  members  to  adopt  by-laws, 
and  elect  not.  more  than  nine  directors.  Each  member  shall 
have  a  vote  for  every  amount  by  him  subscribed  equal  to 
that  in  the  articles  of  incorporation  specified  as  necessary 
for  mem1)ership.  which  mny  he  ca^t  in  person  or  by  proxy. 


EDUCATIONAL. 


189 


Increase    in 
number    of 
trustees   in 
certain    corpo- 
rations. 


but  at  no  subsequent  meeting  can  a  member  vote  for  or  be 
elig-ibk  as  a  director  who  is  in  arrears  to  the  corporation. 
The  trustees  shall  control  the  funds  and  disburse  the  in- 
come of  the  corporation  as  provided  by  its  by-laws.  (R. 
S.  Sec.  3750.) 

Section  9949.     The  board  of  trustees  of  a  university,    How  certain 
college  or  other  institution  of  learning,  incorporated,  and   ^°^''f^H^°"'ri 
acting  under  the  patronage  of   one  annual   conference  or   governed, 
other  religious  body  of  a  religious  denomination,  may  ac- 
cept the  provisions  of  this  and  the  succeeding  section,  by 
resolution  adopted  at  a  meeting  of  the  board,  and  entered 
upon  the  record  or  journal  of  its  proceedings.     After  such 
acceptance'  the  board  shall  be  organized,  constituted,  regu- 
lated, and  perpetuated  as  therein  provided.     No  right  ac- 
quired by  such   board,   university,   or  other   institution   of 
learning,  under  its  charter,  or  any  law  of  this  state,  shall 
be  impaired  or  affected  thereby.     (R.  S.  Sec.  3751.) 

Section  99c;o.  The  board  of  trustees  of  a  university 
or  college  heretofore  incorporated,  and  now  unc^er  the  pat- 
ronage of  one  annual  conference,  synod  or  other  religious 
body  of  a  religious  denomination,  may  increase  the  num- 
ber of  its  trustees,  not  exceeding  six.  Such  additional  trus- 
tees shall  be  nominated  by  the  collegiate  alumni  of  the  uni- 
versity or  college  from  the  collegiate  alumni  of  three  years' 
standing,  for  appointment  or  election  by  such  patronizing 
conference  or  synod,  under  such  regulations  as  are  pre- 
scribed by  such  board,  if  it  determines  to  increase  the  num- 
ber of  its  trustees  and  makes  such  regulations  for  their 
nomination,  by  resolution  adopted  at  a  regular  meeting  of 
the  board  and  duly  entered  on  the  record  of  its  proceed- 
ings, and,  such  patronizing  or  governing  conference  or 
synod  consents  to  the  increase  and  the  rules  and  regula- 
tions for  their  nomination.  And  after  such  board  is  so  in- 
creased by  not  exceeding  six  additional  trustees,  in  all  re- 
spects it  shall  be  organized,  constituted,  regulated  and  per- 
petuated pursuant  to  and  under  its  charter,  and  such  pro- 
visions. No  rights  acquired  by  such  a  board,  university  or 
college,  under  its  charter  or  any  law  of  this  state,  shall  be 
affected  or  impaired  thereby.     (R.  S.  Sec.  3751a.) 

Section  9951.  A  corporation  may  be  formed  for  the 
promotion  -of  academic,  collegiate  or  university  education, 
under  religious  influences,  may  set  forth  in  its  articles  or 
certificate  of  incorporation,  as  a  part  thereof,  the  name  of 
the  religious  sect,  association  or  denomination  wdth  which 
it  is  to  be  connected,  and  grant  any  ecclesiastical  body  of 
such  religious  sect,  association  or  denomination,  whether  it 
be  a  conference,  association,  presbytery,  synod,  general  as- 
sembly, convocation  or  otherwise,  the  right  to  appoint  its 
trustees  or  directors,  or  any  number  thereof.  It  also  may 
set  forth  in  its  articles  or  certificate  such  other  rights  as  to 
the  administration  of  the  purpose  fof  which  it  is  organized, 
consistent  with  the  laws  of  this  state  and  of  the  United 


Colleges   under 

ecclesiastical 

patronage. 


TQO  EDUCATIONAL. 

States,  as  the  incorporation  desires  to  confer  upon  the 
ecclesiastical  body  of  such  sect,  association  or  denomina- 
tion, and  that  body  may  exercise  all  rights  and  powers  set 
forth  therein.     (R.  S.  Sec.  3751b.) 

How  existing  SECTION  9952.     A  corporation  formed  for  the  promo- 

may  ^'avSP  tion  of  academic,  collegiate  or  university  education,  under 
themseives^o^^  j-gljgiQ^s  influences,  incorporated  under  the  laws  of  this 
state,  by  special  act  or  otherwise,  may  avail  itself  of  the 
provisions  of  the  preceding  section,  as  a  part  of  its  articles 
or  certificate  of  incorporation,  and  may  confer  on  an 
ecclesiastical  body  of  such  religious  sect,  association  or  de- 
nomination, it  is  or  proposes  to  be  connected  with,  whether 
it  be  a  conference,  association,  presbytery,  synod,  general 
assembly,  convocation  or  otherwise,  any  or  all  of  the  rights^ 
powers  or  privileges  by  such  section  allowed  to  be  con- 
ferred on  corporations  hereafter  organized,  and  mav  accept 
the  provisions  by  a  vote  of  the  majority  of  its  trustees  at 
any  regular  meeting.     (R.  S.  Sec.  3751c.) 

Copy  of  ac-  SECTION  9953-     When  so  accepted,  a  copy  of  the  ac- 

fife/'wiih  °sec-   ccptaucc.  Certified  by  the  secretary  or  clerk  of  its  board  of 
sute^  °^  trustees  or  directors,  shall  be  sent  to  the  ecclesiastical  body 

with  which  it  is  or  proposes  to  be  connected.  If  such  body 
agrees  to  accept  the  powers  proposed  to  be  conferred  upon 
it,  it  sliall  certify  its  approval  upon  the  certified  copy  so 
sent,  and  it  thereupon  shall  be  filed  in  the  office  of  the  sec- 
retary of  state.  When  thus  filed  it  will  be  a  part  of  the 
charter  of  such  corporation,  and  such  ecclesiastical  body 
shall  exercise  all  the  rights  and  powers  so  set  forth  in  the 
articles  or  certificate  of  corporation.     (R.  S.  Sec.  375TC.) 

Number  of  SECTION  9954-     After  such  acceptance  the  l^oard  shall 

classed '^"^  certify  it  to  the  patronizing  conference  or  other  religious 
body  having  the  right  to  elect  or  appoint  trustees  of  such 
university  or  other  institution  of  learning,  at  the  next  meet- 
ing of  such  conference  or  other  religious  body;  and  there- 
after the  board  shall  consist  of  twenty-one  trustees  elected 
or  appointed,  and  the  president  of  such  university  or  other 
institution  of  learning,  who  shall  be  ex-officio  a  member 
thereof.  Such  elected  or  appointed  trustees  shall  be  divided 
into  three  classes  of  seven  members  each.  (R.  S.  Sec. 
3752.) 

Election;  term;  SECTION   9955-     At  the   first   clcctiou   or   appointment 

fncre"a^Jrof       ^^t^^  such  acceptaucc,  one  of  such  classes  hall  be  elected  or 
board.  appointed   for  one  year,   one   for  two  years   and  one   for 

three  years.  No  term  of  office  of  such  trustee  shall  ex- 
of  the  classes  of  trustees  shall  be  elected  or  appointed  for 
three  years.  No  term  of  office  of  sucht  a  trustee  shall  ex- 
pire during  a  meeting  of  the  board  which  does  not  con- 
tinue more  than  two  weeks.  Ten  members  of  the  board 
shall  constitute  a  quorum.  Vacancies  which  occur  in  any 
class  of  trustees  otherwise  than  by  expiration  of  the  term 
of  office  shall  be  filled  only  for  the  remainder  of  the  term. 


EDUCATIONAL. 


igi 


Such  a  university  or  other  institution  of  learning  which 
heretofore  accepted  the  provisions  of  sections  ninety-nine 
hundred  and  forty-nine,  ninety-nine  hundred  and  fifty-four, 
and  ninety-nine  hundred  and  fifty-five,  may  increase  its 
board  of  trustees  by  electing  or  appointing  two  additional 
members  in  each  of  the  classes  of  trustees  herein  provided 
for.     (R.  S.  Sec.  3752.) 

Section  9956.  The  proportion  that  each  stockholder 
of  a  college,  academy,  university,  seminary,  or  other  insti- 
tution for  the  promotion  of  education,  shall  be  required  to 
pay  to  meet  the  debts  and  liabilities  of  the  corporation,  may 
be  determined  and  collected  in  the  manner  provided  by  the 
three  succeeding  sections.     (R.  S.  Sec.  3753.) 

Section  9957.  The  trustees  of  such  a  corporation 
desiring  to  avail  themselves  of  such  provisions  shall  call  a 
meeting  of  the  stockholders  for  the  purpose  of  determining 
wdiat  amount  of  its  indebtedness  shall  be  paid  by  each 
stockholder,  and  give  thirty  days'  notice  to  the  stockholders 
in  w^'iting  or  by  publication  in  some  newspaper  of  general 
circulation  in  the  county  where  the  corporation  is  located, 
of  the  time,  place,  and  purpose  cf  the  meeting,  at  which 
also,  the  trustees  shall  submit  a  detailed  statement  showing 
the  assets  and  indebtedness  of  the  corporation.  (R.  S. 
Sec.  3754.) 

Section  9958.  A  majority  in  interest  of  the  stock- 
holders present  at  such  meeting  may  determine  what  amount 
of  the  indebtedness  of  the  corporation  is  to  be  paid  by  each 
stockholder,  and  fix  the  time  and  mode  for  the  payment 
of  the  money  assessed  against  each  stockholder.  But  these 
provisions  shall  not  interfere  with  or  abridge  the  right  of  a 
creditor  of  the  corporation  to  institute  any  proceedings 
authorized  by  law  to  enforce  the  liability  of  stockholders. 
(R.  S.  Sec.  3755.) 

Section  99.^9.  The  assessment  shall  be  pro  rata  upon 
tl  c  stock  subscribed  or  otherwise  acquired  by  each  stock- 
holder, and  in  no  case  shall  exceed  the  amount  for  which 
each  stockholder  is  or  may  be  liable  by  law.  A  stockholder 
who  fails  to  pay  the  amount  so  assessed  against  him,  shall 
be  liable  in  a  civil  action  to  be  brought  in  the  name  of  the 
corporation,  for  the  recovery  thereof,  as  in  other  cases  of 
indebtedness.     (R.  S.  Sec.  3756.) 

Section  9960.  The  academic  board  of  an  institution 
incorporated  for  military  and  polytechnical  education  shall 
consist  of  the  superintendent  thereof,  the  commandant  of 
cadets,  and  the  professors.  Tt  may  make  and  enforce  rules 
and  regulations  for  the  government  of  cadets,  but  they  first 
shall  be  su1)mitted  to  and  approved  by  the  governor  of  the 
state.     (R.  S.  Sec.  3757.) 

Section  gg6i.  The  board  of  visitors  of  such  an  in- 
stitution  shall   consist   of  the  governor,  who   shall  be   ex- 


Assessments^ 


Meeting  of 
stockholders; 


How    amount 
of    assessment 
fixed. 


Eimit  of  as- 
sessment and 
collection. 


Board   of  mil- 
itary acad- 
emies. 


Board    of 
visitors. 


19- 


KD:'CAT]:JX.\L 


J.>uties   of 
iioard   of 
visitors. 


low    term    of 
us'.ecs    fixed. 


Certain    coi^ 
l^aralions   may 
ciT.-nge    loca- 
tion. 


Sale  and  dis- 
tribution   of 
liroperty    of 
cei-tain  cor- 
porations. 


Certain    col- 
leges may  file 
charter    and 
amend. 


officio  a  member  and  the  president  of  the  board,  of  two 
other  persons  to  be  named  by  him,  and  such  other  persons 
as  the  superintendent  of  the  institution  appoints.  (R.  S. 
Sec.  3758.) 

Section  9962.  The  board  of  visitors  shall  meet  at  the 
institution,  on  the  first  day  of  the  annual  commencement 
exercises,  and  examine  into  the  condition  of  the  classes, 
(luarters,  and  commons,  the  discipline,  drill,  records  of 
■tanding  in  study,  and  conduct  of  the  cadets,  and  report 
•  iiereon  to  the  legislature  at  its  next  session.  The  board  of 
■  isitors,  or  any  member  thereof,  may  visit  and  inspect  the 
institution  at  any  time.     (R.  S.  Sec.  3759.) 

Section  9963.     At  a  regular  meeting  for  the  election 

if  directors  or  trustees  of  a  college'  or  other  institution  of 

'?arning,    the    authorized   voters    may    determine   by   vote, 

whether  the  election  of  directors  or  trustees  shall  be  held 

nnually,  if  the  term  of  their  election  is  for  a  longer  period 

ban  one  year,  and  also  what  proportion  of  the  entire  board 

shall  be   so   elected.     At  the   first   election   hereunder   the 

\'oters  shall  designate  upon  their  ballots  who  shall  serve  for 

>ne  year,   who   for  two  years,   and  who   for  three  years. 

V^acancies  caused  by  expiration  of  term  of  office  shall  be 

filled  by  election  annually  thereafter.     (R.  S.  Sec.  3760.) 

vSkction  Q964.  The  trustees  of  colleges  and  other  in- 
stitutions of  learning  not  endowed  by  voluntary  contribu- 
tions, estabhshed  under  special  acts  of  incorporation,  and 
^Tchich,  by  the  provisions  thereof  are  locted  at  particular 
olaces,  may  change  their  location  to  such  other  places  as 
they  deem  proper  and  erect  and  maintain  academies  and 
otlier  schools  auxiliary  thereto.     (R.  S.  Sec.  3761.) 

Section  9965.  The  trustees  of  a  university,  college,- 
or  other  institution  of  learning,  incorporated  by  authority 
of  tliis  state  under  special  charter,  owned  in  shares  or  stock 
subscribed  or  taken,  may  dispose  of  its  property  at  public 
sale,  on  such  terms  as  to  payment  as  the  stockholders  by  a 
vote  of  three-fourths  of  the  shares  or  stock  of  the  institu- 
lion,  direct,  after  giving  public  notice  thereof,  by  publica- 
tion, for  six  consecutive  weeks  in  some  newspaper  pub- 
lished in  the  county  where  the  institution  is  located.  Such 
notice  shall  contain  a  full  statement  of  the  terms,  time  and 
place  of  sale,  and  such  action  of  the  trustees.  The  trustees 
may  close  up  the  corporate  existence  of  such  institution, 
and  make  an  equitable  division  and  distribution  of  the  pro- 
ceeds of  the  sale  among  all  the  holders  of  shares  or  stock, 
after  the  payment  of  its  just  debts.     (R.  S.  Sec.  3762.) 

Section  9966.  The  trustees  of  any  university,  col- 
lege or  institution  of  learning,  incorporated  under  author- 
ity of  this  state,  owned  in  shares  of  stock  subscribed  and 
naid  up  in  full,  by  a  majority  of  the  owners  of  such  stock, 
for  the  sole  purpose  of  promoting  education,  religion  and 


EDUCATIONAL. 


193 


morality,  or  the  fine  arts,  exclusively  among  males  or 
females,  on  the  written  portion  of  the  owners  of  a  major- 
ity of  such  stock  filed  before  its  trustees  or  on  the  vote  of 
the  owners  of  the  majority  of  such  shares  of  paid  up  stock 
at  .any  general  meeting  of  the  stockholders  called  for  such 
purpose,  after  thirty  days'  notice  published  in  some  news- 
paper published  and  of  general  circulation  in  the  county, 
by  them,  may 'change  the  name  and  enlarge  the  purposes 
and  objects  of  such  university,  college  or  institution,  by 
amendemnts  to  its  charter,  approved  by  the  owners  of  the 
majority  of  such  stock,  so  that  all  the  educational  rights 
and  privileges  thereof  may  be  bestowed  in  the  co-equal  and 
co-ordinate  education  of  both  sexes.     (R.  S.  Sec.  3762a.) 

Section  9967.     When  such  amendment  is  adopted  and    ^^py  ^f 
the  original  articles  of  incorporation  of  such  corporation    ?™^i\^?^"*-  u° 
have  not  been  filed  and  recorded  in  the  office  of  the  secre-    secretary  of 
tary  of  state,  a  copy  of  the  amendment  and  of  the  original    ^*^*^- 
articles,  with  a  certificate  to  each  of  them  thereto  affixed, 
signed  by  the  president  and  secretary  of  the  corporation, 
and  sealed  with  the  corporate  seal,  if  any  there  be,  stating 
the  fact  and  date  of  the  adoption  of  such  amendment,  and 
that  such  copy  thereof  and  of  the  original  articles  of  in- 
corporation are   true   copies  of   the   originals   shall  be   re- 
corded in  such  office.    When  so  recorded,  such  amendment 
shall  be  in  law  the  sole  articles  of  incorporation  of  the  cor- 
poration.    The  property,  real  and  personal,  corporate  fran- 
chises, and  endowment  funds,  gifts,  bequests,  legacies,  or  ^ 
mortgage  securities,  promissory  notes,  and  rights  of  every 
kind  belonging  to,  vested  in,  claimed,  or  possessed  by  the 
original  corporation,  by  such  amendment  shall  pass  to,  and 
be  enjoyed  and  exercised  by  the  corporation  named,  created 
and  organized  by  such  amendment  for  the  promotion  of  all 
the  objects  and  purposes  of  its  creation  and  organization. 
(R.  S.  Sec.  3762a.) 

Section  9968.     For  recording  such  amendments  and    pee  of  secre- 
copies  of  original  articles  of  incorporation,  and  furnishing   t^ry  of  state. 
a  certified   copy  or  copies'  thereof,  the  secretary  of   state 
shall  receive  a  fee  of  twenty  cents  per  hundred  words,  to 
be  in  no  case  less  than  five  dollars.     (R.  S.  Sec.  3762a.) 

Section  9969.  The  board  of  trustees  of  a  university, 
college,  or  institution  of  learning,  incorporated  under  au- 
thority of  this  state,  for  the  sole  purpose  of  promoting 
education,  religion  and  morality,  or  the  fine  arts,  at  a  regu- 
lar or  special  meeting  of  such  board  of  trustees,  called  for 
that  purpose,  after  thirty  days'  actual  notice  to  each  and  all 
such  trustees,  may  change  the  name  and  enlarge  the  pur- 
poses and  objects  of  such  university,  college  or  institution 
of  learning,  by  amendment  to  its  charter,  approved  by  a 
majority  of  the  board  at  such  regular  or  special  meeting, 
so  called  and  so  notified,  for  such  change  of  its  name,  and 
the  enlargement  of  its  purposes  and  objects.  (R.  S.  Sec. 
3762b.) 

13      S.    T.. 


Colleges  may 
change  name 
or    purpose. 


194 


EDUCATIONAL. 


Procedure   and 

effect. 


Fees    of    secre- 
tary   ®f   state. 


Organic    rules 
may    be    pre- 
scribed   in    ar- 
ticles  of  cer- 
tain   corpo- 


May  add  to 
original  ob- 
iects. 


Section  9970.  When  such  amendment  is  so  adopted 
by  the  board  of  trustees  of  such  university,  college  or  in- 
stitution of  learning,  a  copy  thereof  with  a  certificate 
thereto  affixed,  signed  by  the  president  and  secretary  of 
such  board  and  sealed  with  the  corporate  seal,  if  any  there 
be,  stating  the  fact  and  date  of  such  amendment,  and  that 
such  copy  is  a  true  copy  of  the  original  amendment,  shall 
be  filed  and  recorded  in  the  office  of  the  secretary  of  state, 
and  when  so  filed  and  recorded  such  amendment  shall  be  in 
law  an  integral  part  of  the  articles  of  incorporation  of 
such  corporation.  The  property,  real  and  personal,  cor- 
porate powers  and  franchises,  endowment  funds,  gifts,  be- 
quests, legacies,  mortgage  securities  and  promissory  notes, 
belonging  to,  such  original  corporation,  by  such  amendment 
shall  pass  to,  and  be  enjoyed  and  exercised  by  the  corpor- 
ation created  and  organized  by  such  amendment  for  the 
promotion  of  the  objects  of  its  creation  and  organization. 
Such  new  corporation  shall  be  liable  for  and  must  perform 
all  the  lawful  obligations  and  contracts  of  the  original  cor- 
poration.    (R.  S.  Sec.  3762b.) 

Section  9971.  For  recording  such  amendment  and 
furnishing  a  certified  copy  or  copies  thereof,  the  secreary 
or  state  shall  recive  a  fee  of  twenty  cents  per  hundred 
words,  to  be  in  no  case  less  than  five  dollars.  (R.  S. 
3762b.) 

Section  9972.  An  association  incorporated  for  the 
purpose  of  receiving  gifts,  devises  or  trust  funds  to  erect, 
establish,  or  maintain  an  academy  in  any  department  of 
fine  arts,  a  gallery  for  the  exhibition  of  paintings,  or  sculp- 
ture or  works  of  art,  a  museum  of  natural  or  other  curi- 
osities, or  specimens  of  art  or  nature  promotive  of  knowl- 
edge, or  a  law  or  other  library,  or  courses  of  lectures  upon 
science,  art,  philosophy,  natural  history,  or  law,  and  to 
open  it  to  the  public  on  reasonable  terms ;  or  an  industrial 
training  school,  or  a  mechanics'  institute  for  advancing  the 
best  interests  of  mechanics,  manufacturers  and  artisans,  by 
the  more  general  diffusion  of  useful  knowledge  in  those 
classes  of  the  community,  or  homes  for  indigent  and  aged 
widows  and  unmarried  women,  whose  directors  or  trustees 
may  be  of  either  sex,  in  its  articles  of  incorporation  may 
prescribe  the  tenure  of  office  of  the  trustees  or  directors, 
the  mode  of  appointing  or  electing  successors,  the  adminis- 
tration and  management  of  the  property,  trust  and  other 
funds  of  the  corporation  and  such  other  organic  rules  as 
are  deemed  expedient  or  acceptable  to  donors,  which  shall 
be  the  permanent  organic  law  of  the  corporation.  (R.  S. 
Sec.  3767.) 

Section  9973.  By  certificate  duly  acknowledged  by 
the  trustees  or  directors,  and  filed  in  the  office  of  the  sec- 
retary of  state,  such  corporations  may  add  to  the  original 
objects  and  purposes  thereof,  any  of  the*  several  objects 
and  purposes,  mentioned  in  the  preceding  section,  not  pro- 


EDLXATIONAL. 


195 


vided   for  bv  the  articles   of   incorporation.      (R.   S.    Sec. 

3768.) 

Sectiox  9974.  Such  corporation  her^etofore  incor- 
porated under  the  laws  of  the  state,  by  certificate  reciting 
the  organic  rules  adopted  by  the  corporation  as  its  perma- 
nent organic  law,  duly  acknowledged  by  the  trustees  or  di- 
rectors, and  filed  in  the  office  of  the  secretary  of  state,  may 
accept  the  provisions  of  the  second  preceding  section.  (R. 
S.  Sec.  3768.) 

Section  9975.  The  officers  of  such  corporation 
charged  or  intrusted  with  the  receipts  and  disbursements 
of  its  funds  or  property,  shall  make  and  keep  accurate  and 
detailed  accounts  of  such  funds,  and  the  receipts  and  dis- 
bursements thereof  such  as  are  required  to  be  kept  by  the 
fund  -commissioners  of  the  state.  On  or  before  the  third 
Monday  in  January  of  each  year  the  trustees  shall  file  with 
the  clerk  of  the  common  pleas  court  of  the  county  in  which 
the  corporation  is  located  an  abstract  of  their  account  which 
shall  correspond  in  date,  amount,  person  to  whom  paid, 
from  whom  received,  and  on  what  account,  with  the  vouch- 
ers taken  or  given  on  account  of  such  receipts  and  dis- 
bursements. At  the  same  time  they  annually  shall  file  in 
such  clerk's  office  a  report  of  the  names  of  the  donors,  the 
kind,  amount,  or  value  of  gifts  of  each,  and  a  brief  state- 
ment of  the  conditions  and  purposes  of  the  gifts.  The 
filing  of  such  abstract  and  report,  and  the  supplying  of  any 
omission  in  either,  may  be  enforced  by  order  and  attach- 
ment of  the  common  pleas  court  of  the  proper  county, 
against  the  trustees,  on  motion  of  anv  respectable  citizen. 
(R.  S.  Sec.  3769.) 

Section  9976.  No  trustee  of  such  corporation  shall 
be  eligible  to  any  office  or  agency  of  the  corporation  to 
which  a  salary  or  emolument  is  attached,  nor  shall  the  trus- 
tees be  allowed  any  salary,  emoluments  or  perquisites,  ex- 
cept the  right  of  free  ingress  to  the  grounds,  rooms,  and 
buildings  of  the  corporation.     (R.  S.  Sec.  3770.) 

Section  9977.  On  application  to  the  attorney  gen- 
eral by  five  citizens  of  the  proper  county,  in  writing,  verified 
by  the  oath  or  affirmation  of  one  of  them,  setting  forth 
specific  charges  against  any^of  the  fiscal  or  other  agents  or 
trustees  of  such  a  corporation,  involving  a  breach  of  trust 
or  duty,  he  shall  give  notice  thereof  to  the  trustees  or  agents 
complained  of,  and  inquire  into  the  truth  of  such  charges. 
For  this  purpose  he  may  receive  affidavits,  or  enforce,  by 
process  from  the  court  of  common  pleas  of  Franklin 
county,  the  production  of  papers  and  the  attendance  of 
witnesses  before  him.  If,  on  testimony  or  other  evidence, 
he  believes  the  charges  or  any  of  them  to  be  true,  he  shall 
proceed,  by  action  in  that  court,  in  the  name  of  the  state, 
against  the  delinquent  trustee  or  trustees,  fiscal  agent  or 
agents,  and,  on  the  hearing  the  court  may  direct  the  i^cr- 


Acceptance  of 
statutory  pro- 
visions. 


Accounts  of 
receipts  and 
disbursement*. 


Trustees    ir.' 
eligible   to 
other    office. 


Attorney-gen 
eral  may  en- 
force duties- 
of   officers. 


19^ 


EDUCATIONAL. 


^ay  increase 
number    of 
trustees  of 
■certain  corpo- 
rations. 


Distribution 
of    new 
members. 


formance  of  any  duty,  or  the  removal  of  all  or  any  of  the 
agents' or  trustees,  and  decree  such  other  and  further  rehef 
as  is  equitable.     (R.  S.  Sec.  3771.) 

Section  9978.  The  board  of  trustees  of  a  university 
or  college  heretofore  incorporated,  but  not  under  the  pat- 
ronage of  conferences  or  other  ecclesiastical  bodies  of  any 
religious  denomination,  may  increase  the  number  of  such 
trustees  to  twenty-four,  exclusive  of  the  president,  or  a  less 
number,  and  divide  such  trustees  into  six  classes,  each  class 
to  serve  six  years,  and  one  class  to  be  chosen  each  year, 
for  such  term.  One  trustee  of  each  class  may  be  chosen  by 
the  votes  of  the  alumni  of  such  university  or  college,  if  the 
board  of  trustees  so  provides  by  by-law,  in  which  case  the 
board  also  shall  provide  by  such  by-laws,  a  method  of  nomi- 
nating and  electing  such  appointee  of  the  alumni.  (R.  S. 
Sec.  3771a.) 

Section  9979.  The  president  of  such  university  or 
college  shall  ex-officio,  be  a  trustee  perpetually,  and  not  be 
included  in  the  classes  going  out  in  rotation.  If  in  the  first 
enlargement  of  the  board  of  trustees,  under  the  preceding 
section  it  be  necessary  to  distribute  new  members  to  the 
several  classes,  whose  terms  will  expire  by  rotation,  the 
distribution  may  be  made  in  such  manner  as  the  board  di- 
rects so  that  no  trustee  shall  be  elected  for  a  longer  term 
than  six  years.     (R.  S.  Sec.  3771a.) 

Section  9980.  The  board  of  trustees  of  a  university 
or  college  in  this  state  organized  as  a  stock  corporation  and 
not  under  ecclesiastical  patronage,  upon  the  surrender  and 
cancellation  of  all  outstanding  shares  of  its  capital  stock, 
may  cause  a  certificate  of  that  fact,  sealed  with  the  corpo- 
rate seal  and  signed  by  the  president  and  secretary  of  such 
board,  to  be  filed  in  the  office  of  the  secretary  of  state, 
which  certificate  the  secretary  of  state  shall  record  for 
public  use  in  the  records  of  his  office,  and  a  certified  copy 
of  which  he  shall  return  to  such  board  of  trustees  upon 
receipt  of  a  fee  of  twenty  cents  per  one  hundred  words, 
to  be  in  no  case  less  than  five  dollars.  Thereupon  such 
'university  or  college  shall  continue  its  corporate  existence 
as  a  corporation  not  for  profit  and  with  the  same  powers, 
duties,  privileges  and  immunities  as  it  previously  possessed, 
save  such  as  relate  to  its  capital  stock.  Such  board  by  reso- 
lution may  conform  the  number,  tenure  and  mode  of  elec- 
tion of  its  own  members  to  the  provisions  of  the  preceding 
section,  except,  that  trustees  not  authorized  to  be  elected 
by  the  alumni,  shall  be  elected  by  the  board ;  and  that  the 
ex-officio  membership  thereon  of  the  president  of  such  col- 
lege or  university  shall  be  optional  with  the  board.  (R.  S. 
Sec.  3771b.) 

Cancellation  SECTION  9981.     When  such  a  Corporation  seeking  -to 

v^ourtr*^^^  °^    ^vail  itself  of  the  provisions  of  the  preceding  section  has 

procured   the  surrender   for  cancellation   of   not  less   than 


Stock   corpo- 
rations may 
retire  ^tock. 


EDUCATIONAL. 


197 


sixty  per  cent  of  the  outstanding  shares  of  its  capital  stocky  • 
any  residue  thereof  standing  upon  its  books  in  the  names 
of  persons,  partnerships,  societies  or  corporations  that  for 
seven  years  or  more  have  been  deceased,  dissolved  or  of 
unknown  address,  and  non-participants  in  the  corporate 
elections,  and  of  whose  shares  aforesaid  no  known  owner 
exists,  may  be  cancelled  by  decree  of  the  court  of  common 
pleas  of  the  county  wherein  such  corporation  is  located, 
upon  its  petition,  duly  certified,  being  filed  therein,  making 
such  persons,  partnerships,  societies  and  corporations  or 
their  legal  representatives  parties  defendant,  and  on  serv- 
ing such  defendants  with  public  notice  of  the  pendency  of 
such  petition  in  the  manner  provided  for  service  by  publi- 
cation in  civil  actions,  and  upon  averment  and  proof  by  the 
plaintiff  and  a  finding  by  the  court  of  the  facts  as  herein- 
before required,  and  of  the  further  fact  that  the  plaintiff 
is  an  eleemosynary  corporation.  Thereupon  the  shares  of 
such  defendants  shall  be  deemed  to  be  cancelled  and  sur- 
rendered, and  the  decree  shall  not  be  vacated  or  set  aside, 
on  the  application  of  any  such  defendant,  otherwise  than  as 
in  the  case  of  judgments  in  civil  actions.  (R.  S.  Sec. 
3771C.)- 

Section   9982.     A    mechanics'   institute,   incorporated    Mechanics- 
under  the  laws  of  this  state  prior  to  the  year  eighteen  hun-    institute  may7 

DO  r  row 

dred  and  fifty-one,  may  borrow  money,  issue  bonds  or  notes    money. 
therefor  at  no  more  than  the  legal  rate  of  interest,  and 
secure  them  by  mortgage  upon  its  real  estate.     (82  v.  118 

§  I.) 

Section   9983.     The   directors    and   trustees   of   such    Liability  of 
corporations  shall  not  be  personally  liable   for  debts  con-   frustees!  ^"* 
tracted  by  them,  as  in  the  preceding  section  provided.     (82 
V.  118  §  2.) 


Section  9984.  Superintendentg  of  city  hospitals,  di- 
rectors or  superintendents  of  city  or  county  infirmaries, 
directors  or  superintendents  of  work-houses,  directors  or 
superintendents  of  asylums  for  the  insane,  or  other  chari- 
table institutions  founded  and  supported  in  whole  or  in  part 
at  public  expense,  the  directors  or  warden  of  the  peniten- 
tiary, township  trustees,  sheriffs,  or  coroners,  in  possession 
of  bodies  not  claimed  or  identified,  or  which  must  be  buried 
at  the  expense  of  the  county  or  township,  before  burial, 
shall  hold  such  bodies  not  less  than  thirty-six  hours  and 
notify  the  professor  of  anatomy  in  a  college  which  by  its 
charter  is  empowered  to  teach  anatomy,  or  the  president  of 
a  county  medical  society,  of  the  fact  that  such  bodies  are 
being  so  held.  Before  or  after  burial  such  superintendent, 
director,  or  other  officer,  on  the  written  application  of  the 
professor  of  anatomy,  or  the  president  of  a  county  medical 
society  shall  deliver  to  such  professor  or  president,  for  the 
purpose  of  medical  or  surgical  study  or  dissection,  the  body 
of  a  person  who  died  in  either  of  such  institutions,  from 


How   medical 
colleges    may 
receive    bodies 
for     dissectiont 


«98 


EDUCATIONAL. 


Body  to  be 
delivered  to 
claimant. 


Interment   of 
body   after 
dissection. 


Notification 
of    relatives. 


«ody  of 
strangers 
travelers. 


'Liability    for 
having   unlaw- 
ful   possession 
of  body. 


any  disease,  not  infectious,  if  it  has  not  been  requested  for 
interment  by  any  person  at  his  own  expense.     (R.  S.  Sec. 

3763.) 

Section  9985.  If  the  body  of  a  deceased  person  so 
delivered,  be  subsequently  claimed,  in  writing,  by  a  rela- 
tive or  other  person  for  private  interment,  at  his  own  ex- 
pense, it  shall  be  given  up  to  such  claimant.     (R.  S.  Sec. 

3763.) 

Section  9986.  After  such  bodies  have  been  subjected 
to  medical  or  surgical  examination  or  dissection,  the  re- 
mains thereof  shall  be  interred  in  some  suitable  place  at 
the  expense  of  the  party  or  parties  in  whose  keeping  the 
corpse  was  placed.     (R.  S.  Sec.  3763.) 

Section  9987.  In  all  cases  the  officer  having  such 
body  under  his  control,  must  notify  or  cause  to  be  notified, 
in  writing,  the  relatives  or  friends  of  the  deceased  person. 
(R.  S.  Sec.  3763.) 

Section  9988.  The  bodies  of  strangers  or  travelers, 
who  die  in  any  of  the  institutions  above  named,  shall  not 
be  delivered  for  the  purpose  of  dissection  unless  the 
stranger  or  traveler  belongs  to  that  class  commonly  known 
as  tramps.  Bodies  delivered  as  herein  provided  shall  be 
used  for  medical,  surgical  and  anatomical  study  only,  and 
within  this  state.     (R.  S.  Sec.  3763.) 

Section  9989.  A  person,  association,  or  c  ompany, 
having  unlawful  possession  of  the  body  of  a  deceased  per- 
son shall  be  jointly  and  severally  liable  with  any  other  per- 
sons, associations,  and  companies  that  had  or  have  had 
unlawful  possession  of  such  corpse,  in  any  sum  not  less 
than  five  hundred  nor  more  than  five  thousand  dollars,  to 
be  recovered  at  the  suit  of  the  personal  representative  of 
the  deceased  in  any  court  of  competent  jurisdiction,  for  the 
Jbenefit  of  the  next  of  kin  of  deceased.     (R.  S.  Sec.  3764.) 


APPENDIX 


FORMS  AND  INSTRUCTIONS 


NOTICE  OF  ELECTION  IN  SUB-DISTRICTS. 

Notice  is  hereby  given  to  the  qualified  voters  of  sub-district  No. ,  of 

township,  county,  Ohio,  that  the  next  annual  school  meeting  for  the  elec- 
tion of  a  director  in  said  district  will  be  held  at  the  school  house  in  said 

sub-district  on   Monday,  the  day  of  April,   19 — ,  beginning  at  o'clock 

p.  m.  [a.  m.],  and  closing  at o'clock  p.  m.  [a.  m.] 

,  Director. 

Note  :  —  The  above  notice  to  be  posted  in  three  or  more  conspicuous  places, 
at  least  six  days  prior  to  the  election.     Section  4718. 

POLL  BOOK 

Of  the  election  held  in  sub-district  No.  ,  in  the  township  of  ,  in  the 

county  of  ,  and  state  of  Ohio,  on  Monday,  the  day  of  April,  in  the 

year  A.  D.  19—. 

A.  B.,  Chairman,  and  C.  D.,  Clerk,  judges  of  said  election,  were  severally 
sworn,  as  the  law  directs,  previous  to  their  entering  on  the  duties  of  their 
respective  offices. 


Number  and  names  of  electors. 


Number  and  names  of  electors. 


No    1 

1       No.  5 
G 

7 
8 

9 

* 

3 

4 

It  is  hereby  certified  that  the  number  of  electors  who  voted  at  this  election 


-,  Chairman. 
-,  Secretary. 

Judges. 


TALLY  SHEET 

Of  the   election  held  in  sub-district   No.  ,   in  the  township  of  ,   in  the 

county  of  ,  and  state  of  Ohio,  on  Monday,  the  day  of  April,  in  the 

year  A.  D.  19 — ,  to  elect  a  director  for  said  sub-district. 

1 '.!•.» 


20C 


FORMS   AXD   INSTRUCTIONS. 


Names    of    Candidates. 

Tallies,  showing  number  of  votes 
given  for  each  candidate. 

Total. 

^   i          1          : 

5      'I       10     1       15     i      20 

1        •    !           1     ■, 

25 

1           1           1 
1 1 

Ill                      ' 
1           1           1       . 

1 !.......! ! i 

I        !        1        1        1  , 

We  hereby  certify 

That  

That   

That  


received 
received 
received 


—  votes    for    director. 

—  votes    for   director. 

—  votes    for    director. 


And  that 


was  duly  elected  director  for  a  term  of  one  year. 

,  Chainnau. 

,  Secretary. 

Judges. 

The  poll  book  and  tally  sheet  must  be  signed  by  the  judges  of  election  before 
they  separate.  No  signing  after  such  separation  is  valid.  They  must  be  delivered 
within  eight  days  to  the  clerk  of  the  board  of  education. 


MINUTES  OF  SUB-DISTRICT  SCHOOL  MEETING. 


Sub-District,  No.  

Township, County,  Ohio. 


19—. 


At  a  meeting  of  the  qualified  voters  of  said  sub-district,  held  on  the  

day  of  April,  19 —  was  appointed  secretary. 

Whereupon  said  voters  proceeded  to  elect  by  ballot,  a  director  of  said  sub 
district  for  the  term  of  one  year,  and  upon  inspection  of  the  several  ballots  given 

at  said  election,  it  was  found  and  publicly   declared,  that  — 

was  duly  elected  for  the  term  of  one  year. 

,  Chairman. 

,  Secretary. 


APPOINTMENT  OF  SCHOOL  DIRECTOR  TO  FILL  VACANCY. 


This  is  to  certify  that 
of   sub-district  number  


township. 


has  been  appointed  director 
county,   Ohio,  to 


FORMS   AND   INSTRUCTIONS.  201 

fill  the  vacancy  caused  by of  ■ said   appointment  to 

extend   until  the  next  annual   election  as  provided   for  in  section  4720. 

,  Ohio. 

,   19— »  •,  President. 

Attest : 

,  Clerk. 

OATH  OF  SCHOOL  DIRECTOR. 

The  following  oath  which  may  be  administered  by  the  clerk  or  any  other 
member  of  the  board  of  education,  should  be  taken  by  each  director  before  enter- 
ing upon  the  discharge  of  his  duties. 

You,  ^— ,   do   solemnly   swear    [or  a-flUrm]    that  you   will   support  the 

constitution  of  the  United  States,  and  the  constitution  of  the  State  of  Ohio,  and 
that  you  will  faithfully  and  impartially  discharge  the  duties  of  director,  in  and 
for  said  sub-district,  number ,  township,  county,  Ohio,  accord- 
ing to  law  and  the  best  of  your  ability. 

DIFFERENT  MODES  OF  ALTERING  SUB-DISTRICTS. 

Resolved  by  the  hoard  of  education  of township,  That  there  be  trans- 
ferred and  united  with  sub-district  "number  ,  so  much  of  sub-district  number 

,  as  is  bounded  as  follows:     [describe  boundary.] 

Resolved  by  the  board  of  education  of township, -That  sub-district 

number  is  hereby  abolished,  and  there   is  hereby  transferred  to  and  united 

with  sub  district  number  ,  so  much  of  the  territory  of  said  abolished  sub- 
district  as  is  bounded  as  follows:  [describe  boundary],  and  so  much  of  said  abol- 
ished sub-district  as  is  not  herein  united  with  sub-district  number  ,  is  trans- 
ferred to   and   united   with   sub-district  number  • .     This   resolution   shall   take 

effect  on  the day  of ,  19 — . 

Resolved  by  the  board  of  education  of  township,  That  so  much  of 

sub-district   number  ,   as   bounded   as    follows:     [describe   boundary],   be   cut 

ofif    from    said    sub-district,    and    that    so    much    of    sub-district    number    as 

bounded  as  follows:  [describe  boundary],  be  cut  off  from  said  sub-district,  and 
that  the  territory  thus  cut  off  from  sub-districts  numbers  and  ,  respec- 
tively, is  hereby  consolidated  and  formed  into  a  new  sub-district  and  designated 
sub-district  number of  township. 

Resolved  by  the  board  of  education  of  township,  That  sub-districts 

numbers  and  are  hereby  abolished,  and  that  the  territory  included   in 

said    sub-districts    at    the   time    of    their    abolishment   is    hereby    consolidated    and 

formed  into  a  new  sub-district,  and  designated  sub-district  number  of  

township.     This  resolution  shall  take  effect  on  the day  of  ,   19 — . 

Note  :  —  When  a  new  sub-district  is  formed  the  township  board  should  ap- 
point  a   director   as   provided   in    section   4720. 

RESOLUTIONS  ON  BOND  ISSUE. 

Resolved,  By  the  board  of  education  of school  district,  

county,  Ohio,  That  it  is  necessary  for  the  proper  accommodation  of  the  schools 

of  said  district  that  [state  nature  of  improvement],  that  it  will  require  $ 

to  make  said  improvement,  that  the  funds  at  the  disposal  of  said  board  or  that 
can  be  raised  under  the  provisions  of  section  7G29  of  the  General  Code  of 
Ohio,  are  not  suflficient  to  accomplish  said  purpose  and  that  a  bond  issue  is 
necessary,  it  is  therefore  further 


202  FORMS   AND   INSTRUCTIONS, 

Resolved,  That   an   election   be  held   in   said   school   district  on   the  question 

of  the  issuing  of  bonds  in  the  sum  of  $ for  the  purpose  herein  specified, 

on   the  day  of   19 — ,   and  that   the   clerk   of  the  board   be 

directed  to  forward  a  copy  of  these  resolutions  to  the  deputy  state  supervisors 
of  elections  and  request  said  supervisors  to  provide  election  supplies  and  con- 
duct said  election,  and  that  the  clerk  be  also  directed  to  publish  the  notices  of 
said   election   as   provided  by  law. 

NOTICE  OF  ELECTION  FOR  BOND  ISSUE. 

Notice    is   hereby   given   by   the  board   of   education   of   •   school 

district,  county,   Ohio,   that  there   will   be   an   electron  held   in   said 

district  at  the  usual  voting  place   [places],  between  the  hours  of  5:30  a.   m.  and 

5 :30   p.   m.,   on   the  day   of   • ,   190 — ,   to   consider  the   question 

of  a  bond  issue  in  the  sum  of  % ,   for  the  purpose  of    \here  state  purpose] 

as  provided  in  section  7625  of  the  General  Code  of  Ohio. 

By  order  of  the  board  of  education. 


-.  Clerk. 


-,  Ohio. 

190—.  • 

FORM  OF  BALLOT. 


For  Bond 'Issue  in  the   Sum   of  % 

,  Yes. 

For   Bond   Issue  in  the  Sum   of  $ 

,  No. 

All  elections  on  school  questions  should  be  held  under  the  supervision  of  the 
regular  election  officers  and  the  ballots  be  made  to  conform  to  the  provisions  of 
the  general  election  laws. 

PETITION  FOR  SPECIAL  SCHOOL  DISTRICT. 

To  the  Probate  Judge  of  ' County,  Ohio: 

We,  the  undersigned  petitioners,  being  male  citizens  and  electors  of  a  pro- 
posed special  school  district,  respectfully  request  that  a  special  school  district  be 
established  from  the  territory  herein  described  for  the  following  reasons:  [give 
reasons.]  Said  special  school  district  to  be  bounded  and  described  as  follows: 
[Give  description  in  full] 

Respectfully  submitted, 

,  Ohio. 

,   19_. 

Note:  —  The  above  petition  must  be  signed  by  at  least  ten  male  electors 
and  must  be  accompanied  by  a  certificate  from  the  county  auditor  giving  the 
total  tax  valuation  of  the  proposed  district,  an  accurate  map  of  the  same  and 
an  undertaking  with  security   for  costs   in  the  sum  of  $100. 


FORMS   AND   INSTRUCTIONS. 


203 


NOTICE  OF  SPECIAL  MEETINGS. 

Notice  is  hereby  given  that  there  will  be  a  meeting  of  the  board  of  educa- 
tion of  •  school  district,  county,  Ohio,  on  the  day  of 

,  at  o'clock  ,  at ,  to   consider  any  business  which 

may  be  considered  necessary. 

.  ^ .  19-. 


Clerk. 


Note  :  —  A  special  meeting  may  be  called  by  the  president,  clerk  or  two  mem- 
bers of  the  board. 


TEACHER'S  CONTRACT. 


of 


school   district   in 


county, 
county. 


An    agreement   entered   into   between 
Ohio,  and  the  board  of  education  of  — 

Ohio;    the  said  • hereby  agrees  to  teach  in  the  public  schools  of  said 

district   for   a   term   of  months,   and   also   agrees   to   abide   by   and   maintain 

the    rules    and    regulations    adopted    by    said   board    for   the    government    of   said 
schools  of  said  school  district.     And  in  consideration  of  such  services,  the  said 

board  of  education  agrees  to  pay  'the  said  the  sum  of  dollars, 

payable  monthly  at  the  office  of  the  treasurer  of  the  board  of  education. 
Entered  into  this  day  of  ,  19 — . 

,  Tear  her. 

,   President. 

,  Clerk. 

Any  special  provisions  may  easily  be  inserted. 


ORDER  ON  THE  TREASURER. 
(Form  prescribed  by   Bureau  of  Inspection  and   Supervision  of   Public  Offices.) 


f^ 


No. Office  of  Board  of  Education School  District. 

$ ,  Ohio,  ,  19—. 

THE  TREASURER  OF  SAID  SCHOOL  DISTRICT 

Will  Pay  to 

DOLLARS, 


out  of 


Fund  in  the  Treasury. 


Foi 


By  Order  of  the  Board  of  Education. 
,  President.  — ,  Clerk. 


204 


FORMS   AND   INSTRUCTIONS. 


ORDER  ON  TREASURER  WHEN  SCHOOL  FUNDS  ARE  IN  A 
DEPOSITORY. 

(Form   prescribed   by   Bureau   of   Inspection   and    Supervision   of    Public   Offices.) 


i 


No. Office  of  Board  of  Education School  District. 

$ ,  Ohio,  ,  19—. 

THE  TREASURER  OF  SAID  SCHOOL  DISTRICT 

Will  Pay  to- ^ 

DOLLARS, 


out  of 


Fund  in  the  Treasury. 


By  Order  of  the  Board  of  Education. 
,  President.  ,  Clerk 


Payable  at 


Bank, 


-,  Ohio. 


-,  Treasurer 


CERTIFICATE  OF  ANNUAL  SCHOOL  LEVY. 

'  (Form  prescribed  by  Bureau  of  Inspection  and  Supervision  of  Public  Offices.) 

To  the  Auditor  of ;_. County : 

It  is  hereby  certified  by  the  Board  of  Education  of 

School  District,   County,  that  the  entire  amount 

necessary  to  be  levied  upon  the  property  of  said  school  district   for  school  pur- 
poses, during  the  next  school  year,  as  directed  by  Sec.  758G  G.  C,  is  as  follows : 


For  Tuition  Fund  , 

For  Building  Fund  

For  Contingent  Fund , 

For  Bonds,  Interest  and  Sinking  Fund, 
For 

By  Order  of  the  Board  of  Education. 
,  Ohio.     ... 


.mills.  $, 

.mills.  $. 

.mills.  $. 

mills.  |. 

.mills.  $. 


. . , ,    Clerk. 
,   19.... 


CERTIFICATE  OF  SCHOOL  FUNDS   IN   TREASURY. 

We  hereby  certify  that,  by  a  count,  as  required  by  law,  of  all  the  money, 

bonds  and  securities  in  the  hands  of ,  treasurer  of  ■ school  district 

county,  Ohio,  made  this  day  of  ,  19 — ,  in  the  presence  of  the 

clerk  of  the  board,  we  find  dollars  [and  bonds,  etc.,  in  value  amounting 

to  dollars]   of  school   funds  to  be  in  the  treasury  on  the  date  above 


FORMS   AND   INSTRUCTIONS.  205 

named,  and  we  have  directed  the  clerk  to  enter  upon  the  records  of  the  board 
a  copy  of  this  report.  , 


Board   {or  committee.') 

Attest :        ,  President. 

,  Clerk. 

[See  section  4767  of  the  General  Code.] 

TRANSFER  OF  TERRITORY. 
(Minutes  of  Boards.) 

Resolved,  That  the  following  described  territory  be  and  the  same  is  hereby 

transferred  from  school  district,  county,  Ohio,  to  school 

district,   county,   Ohio,   subject  to   the   provisions   of   section  4692,   General 

Code   of    Ohio    [give   description.] 

Resolved,  That  the  clerk  be  instructed  to  notify  the  board  of  education  of 

school  district  of county,  Ohio,  of  the  passage  of  this  resolution, 

and  upon  similar  action  being  taken  by  said  board  that  said  clerk  file  a  cer- 
tified copy  hereof  with  the  county  auditor,  together  with  a  correct  map  of  the 
territory  described. 

Note:  —  A  majority  of  the  full  membership  of  the  boards  is  necessary  to 
carry  such  a  resolution  and  a  yea  and  nay  vote  is  required. 

LEASE  TO  SCHOOL  DISTRICT. 
Know  all  men  by  these  presents: 

That  ,  of  the  county  of  ,  and  State  of  ,  for  the  con- 
sideration  herein   mentioned,  does  hereby  lease  unto   the  board  of   education  of 

the  township  of  ,   county  and   state  aforesaid,   its   successors   and   assigns, 

the  following  premises,  to-wit :  [Here  insert  description],  with  all  the  privileges 
and  appurtenances  thereunto  belonging;    to  have  and  to  hold  the  same  for  and 

during  the  term  of  years  from  the  •  day  of  ,  19 — .     And  the  said 

board  of  education   for  itself   and  assigns,  does  covenant  and  agree  to   pay  the 

said  for  the  said  premises,  the  annual  rent  of dollars.     [Insert 

date  and  place  of  payment.] 

In   witness   whereof,   the   said   parties   hereunto   set   their  hands,  this  

day  of  ,  19 — .  ,  Lessor. 


President  of  the  Board. 
,  Clerk. 


Signed,  sealed,  and  acknowledged  in  the  presence  of 


State  of  Ohio,  County,  ss. : 

Before  me,  a  in  and  for  said  county,  personally  appeared  — , 

grantor  in  the  above  instrument,  and  acknowledged  the  same  to  be  volun- 
tary act  and  deed,  for  the  uses  and  purposes  therein  mentioned. 

In  testimony  whereof,  I  have  hereunto  subscribed  my  name  and  affixed  my 
seal,  this  day  of  ,  A.   D.   19—. 

(Title.) 


206  FOl-JMS    AND    INSTRUCTIONS. 

'  If  the  lease  be  for  three  years  or  more,  it  must  be  acknowledged,  attested  by 
two  witnesses,  and  recorded.  If  for  a  less  term,  it  need  not  be  executed  with 
these  formalities.  See  section  8517.  The  consideration  may  be  money  or  any- 
thing else,  and  the  form  varied  accordingly.    The  above  form  is  for  a  long  lease. 

OATH  OF  CLERK  OF  BOARD  OF  EDUCATION. 

The  State  of  Ohio, County,  ■  Township,  ss.: 

Before  me,  ,   personally  came  ,  who,  being  duly   sworn 

according  to  law,  says  that  he  will  support  the  constitution  of  the  United  States 
and  the  constitution  of  the  state  of  Ohio ;    and  that  he  will   faithfully  discharge 

his  duties  as  clerk  of  the  board  of  education  of  the  school  district 

in  county,  Ohio,  during  his  term  of   office,  and  until  his  successor  is 

chosen  and  qualified. 


of  said  Board. 

Sworn   to  before  me   and   signed   in   my   presence,   on   day  of  — 

A.  D.  19—. 


(Title.) 


CLERK'S  BOND. 
Know  all  men  by  these  presents.  That  we. 


held  and  firmly  bound  unto  the  state  of  Ohio,  in  the  sum  of  —  dollars, 

for  the  payment  whereof  we  jointly  and  severally  bind  ourselves.  » 

Signed   and   sealed   by  us   this  day  of ,   A.    D.   nineteen   hundred 

and 

Whereas,  the  said  has  been   duly  chosen  and  qualified  as   clerk  of 

the  board  of  education  of  district — ,  in township,  county, 

and  state  of  Ohio,  for  the  term  of  one  year  from  the  day  of  January,  A.  D. 

19 — ,  and  until  his  successor  is  chosen  and  qualified. 

Now,  the  condition  of  the  above  obligation  is  such,  that  if  the  said  

shall  faithfully  perform  all  the  official  duties  required  of  him  as  clerk  of  said  board, 
then  this  obligation  will  be  void;    otherwise  it  shall  be  and  remain  in   full  force. 


The  sureties  on  the  above  bond,  and  its  amount,  approved  by  said  board  this 
day  of  ,  A.  D.  19—. 


President  of  said  Board. 

FINAL  RECEIPT  OF  CLERK. 

$ .  '  ^  ,   Ohio,  ,   19—. 

Received  of ,  late  clerk  of school  district,  the  sum  of  

dollars,   the    record   book,    account    book,    school    laws,    teachers'    certificates    and 
reports,  and  the  other  official  books  and  papers  in  his  hands. 

,  Clerk. 

See  section  4777. 


FORMS   Ax\D   INSTRUCTIONS.  207 


OATH  OF  TREASURER  OF  BOARD  OF  EDUCATION. 

The  State  of  Ohio,  County,  ss. : 

Before  me,  ,  personally  came  ,  who  being  duly  sworn 

according  to  law,  says  that  he  will  support  the  constitution  of  the  United  States, 
and  the  constitution  of  the  state  of  Ohio;    and  that  he  will  faithfully  discharge 

his  duties  as  treasurer  of  the  board  of  education  of  the  school  district 

county,  Ohio,   during  his  continuance   in   said  office,   and   until*  his 

successor  is  chosen  and  qualified. 


Sworn  to  before  me  and  signed  in  my  presence,  on  this  day  of 

19 — ,  by  .the  said  . 


-of  said   Board. 


TREASURER'S   BOND. 
(City,   village   and  township   districts.) 

We,   the   undersigned   as   principal    and   

and  as   sureties,   hereby   acknowledge  ourselves   as   firmly   held   unto 

the  state  of   Ohio  in  the  penal   sum   of  dollars   for  the  payment 

whereof   we   jointly    and    severally    bind    ourselves,   our    heirs,   executors    and   ad 
ministrators. 

Signed  and  sealed  by  us  this  day  of  ,  A.   D.   19 — . 

The  condition  of  the  above  obligation  is  this,  that  whereas  the  said  

r  city  ^ 

has    been    duly    elected    as    treasurer    of    the  -}  village         y   of    ,    and 

(  township   ) 

ex-officio  treasurer  of  the  school,  funds  of  the  school  district,  in  the 

county  of  and  state  of  Ohio,   for  the  term  of  two  years   from  the 

day    of    January,    A.    D.    19 — ,    and    until    his    successor    is    elected    and 

qualified  according  to  law;  now  if  the  said  shall  faithfully  dis- 
burse, according  to  law,  all  school  funds  which  come  into  his  hands,  then  this 
obligation  shall  be  void  ;    otherwise  it  shall  be  and  remain  in  full  force  and  effect. 


The   sureties   on   the   above   bond,    and   its   amount,   approved    by   said   board 
this  day  of  ,  A.  D.   19—. 


President  of  said  Board. 


Clerk  of  said  Board. 
TREASURER'S  BOND. 
(Special  district.) 
We,    the   undersigned   ■. as    principal    and 


and  5 —  as  sureties,  hereby  acknowledge  ourselves  as  firmly  held  unto 

the    state    of    Ohio    in    the    penal    sum    of   dollars    for   the    payment 

whereof   we   jointly   and    severally    bind    ourselves,    our   heirs,    executors   and    ad- 
ministrators. ' 

Signed   and   sealed   bv   us,  this  —  dav  of  A.    D.   19 — . 


208  FORMS   AND   INSTRUCTIONS. 

The  condition  of  the  above  obligation  is  this,  that  whereas  the  said 
has   been    duly    chosen    treasurer   of    the    board    of    education    of    


district    of   ,    in    —   township,   county,    and    state    of    Ohio,    for 

the  term  of  one  year  from  the  first  day  of  September,  A.  D.  19—,  and  until  his 
successor  is  chosen  and  qualified;  now  if  the  said  shall  faithfully  dis- 
burse, according  to  law,  all  school  funds  which  come  into  his  hands,  then  this 
obligation  shall  be  void;    otherwise  it  shall  be  and  remain  in  full  force  and  effect 


The  sureties  on  the  above  bond,  and  its  amount,  approved  by  the  board  of 

•education  of  said  school  district,  this  day  of  , 

A.  D.   19—. 


President  of  said  Board. 


Clerk  of  said  Board. 

FINAL  RECEIPT  OF  TREASURER. 

.  ,  Ohio,  ,  19—. 

Received  of ,  late  treasurer  of school  district 


county,   the   sum   of   dollars,   and    the    following   securities,    bonds,   and 

other  school  property,  to-wit :  

,  Treasurer. 

.  COMPLAINT  IN  REGARD  TO   SCHOOL  FUNDS. 

fa  the  State  Commissioner  of  Common  Schools: 

Sir  :     I  respectfully  submit  the  following  state  of  facts  as  existing  in 

school  district,  county,  Ohio. 

(Statement  of  complaint  containing  one  of  the  causes  mentioned  in  section 
361,  G.  C.) 

In  consideration  of  the  above  statement  I  respectfully  request  the  appoint- 
ment of  some  competent  accountant  to  investigate  the  condition  of  he  school 
funds  of  said  district. 

,  Complainant. 

State  of  Ohio,  County,  ss. : 

I,  ,  ,  and  ,  do  solemnly  swear    (affirm) 

that  the  statements  made  in  the  foregoing  complaint  are  true  to  the  best  of  my 
knowledge  and  belief. 


Sworn  to  by  ,  ,  and  — ; ,  and  subscribed,  in 

my  presence  this  day  of  —    ,  19 — . 


(Title.) 

I  hereby  certify  that  ,  ,  and  ,  are 

freeholders  and  taxpayers,  residents  of  school  district. 

,  Ohio,  ,  19—. 


County  Auditor. 


FORMS  AND   INSTRUCTIONS.  209 


COMPULSORY  EDUCATION  LAW. 


NOTICE  TO  PARENT  OR  GUARDIAN. 

State  of  Ohio,  ~ County,  ss. : 

To . 

You  are  hereby  notified  that  ,  a  child  between  the  ages  of  

and   years,   under   your   charge,   is    not   attending   school,   that   such   non- 
attendance  is  in  direct  violation  of  the  law  and  without  legal  excuse. 

You  are  hereby  required  to  cause  said  child  to  attend  some  recognized  school 
within  two  days  from  the  date  of  this  notice,  and  you  are  warned  that  if  the 
truancy  of  said  child  is  persisted  in  the  final  consequences  will  be  as  provided 
by  law,  as  indorsed  hereon. 

Witness  my  hand  this  day  of  ,  19 — . 


Truant  OfUcer. 
school  district,  county,  Ohio. 


Print  sections  12977  and  6246  on  reverse  side  of  form. 


NOTICE  TO  TRUANT. 


State  of  Ohio,  County,  ss.: 

Xo  ,  a  child  between  the  ages  of  and  years. 

You  are  hereby  notified  that  you  are  and  will  be  required  to  attend  some 
recognized  school  within  two  days  from  the  date  of  this  notice,  and  you  are 
hereby  warned  that  if  this  notice  is  not  complied  with  the  final  consequences 
will  be  as  provided  by  law  as  indorsed  hereon. 

Witness  my  hand  this  day  of  ,  19 — . 


Truant  OMcer. 


school  district,  county,  Ohio. 


Print  section  7774  in  full  on  reverse  side  of  form. 


NOTigE  TO  EMPLOYERS  OF  YOUTH. 

To [Here  insert  name   of  person,  company   or  corporation]  : 

Your  attention  is  respectfully  called  to  sections  7765-7767,  7769-7771,  7782-7783, 
12975,  12976,  12981-12985,  to  compel  the  elementary  education  of  children. 

In  compliance  with  the  provisions  of  this  act,  you  are  requested  to  return  to 
me  on  this  blank  the  names,  ages,  and  residences  of  all  minors  under  four- 
teen years  of  age  employed  by  you,  also  all  minors  between  fourteen  and  six- 
teen years  of  age,  and  to  state  whether  you  have  a  certificate  from  the  superin- 
tendent of  schools,  or  clerk  of  the  board  of  education  that  authorizes  you  to 
employ  such  minors. 


Clerk  of Board  of  Education. 

14      s.  I.. 


210 


FORMS  AND   INSTRUCTIONS. 


Names  of  Minors. 

Age. 

Residence. 

Certificate — Yes  or  No. 

In  cities  this  notice  may  be  signed  by  the  superintendent  of  schools. 

This  certificate  must  be  kept  on  file  until  the  youth  reaches  the  age  of  six- 
teen years  and  must  be  accessible  to  the  Truant  Officer  and  the  Inspector  of 
Factories  at  all  times. 


AGE  AND  SCHOOLING  CERTIFICATE. 


I, 


A  of 


being 


the- 


{ Superintendent  of  Schools 
Person  duly  authorized  by  the  Superintendent  of  Schools 
Clerk  of  Board  of  Education  J 
School  District  of  County,  Ohio,  hereby  certify 


that 


ft. 


(the  description  of  whom  is   as  follows 

inches ;  complexion ;  hair ;   eyes  — 


Height 


-)  was  born  at 


in  the  county  of 


State  of 


on  the 


day  of 


that 


has  been  examined  and  has  passed  a  satisfactory  fifth  grade 


test  in  reading,  spelling,  writing,  English  grammar,  geography  and  arithmetic; 
that  the  papers  enumerated  and  described  in  Section  7766  of  the  General  Code 
of  Ohio  have  been  by  me  duly  received,  examined,  approved  and  filed ;    and  that 

said  — ■ is,  as  to  development,  health  and  physical  fitness, 

able  to  perform  the  labor,  in  which is  to  be  employed  by . 

Approved  by  me,  and  signed  in  my  presence  by  the  aforesaid,  , 

this  day  of  ,   1 . 

(Signed) 


Title    of  Approving   Officer. 


Signature  of  Child. 


I, 


Superintendent  of  Schools  of 


School  District,  

authorized  the  above  named 
and  Schooling  Certificate. 


County,  Ohio,  hereby  certify  that  I  have  duly 
,  to   approve  the  above   Age 


(Signed)- 


Superintendent  of  Schools  of 
School    District. 


TEACHER'S    REPORT. 
(Section  7772.) 

,   Ohio,    ,   19.. 

To   the  Clerk  of  the  Board  of  Education   of   County,   Ohio. 

The    following    is   a    correct    list   of    the    pupils    attending   my    school    during 
the  month  ending   19 .  . . 


Teacher. 


Names  of  Pupils. 

Age. 

Residences. 



C-Ml  ) 


Pi 
w 
u 

I— « 

o 

H 

< 

§ 

O 

o 


^ 


'I 

t   o 


y.  ^ 

h'-o 

>, 

^ 

p.  w 

03 

:::::::::: 

i^ 

i»»5 

• 

o 



s 

««-^h 

•t;      ^ 

>j 

Q,      -O 

c 

V 

Q 

h. 

^ 

:::::::::: 

-o^ 

enter 
1,     fa 
gleet. 

03 

Q 

'.'.'.'.'.'.'.'.'.'. 

ri  V 

*-  ^  « 

«l^ 



;3jjo 

ji 

P4          4> 

o 

M  M  M  M  M 

c 

'.'.'.'.'.'.'.'.'.'. 

O  ^J 

. 

c  c 

>, 

..••••••.. 

V 

03 

O     • 

Q 

O  C 

•  n  fis 

H-o 

.r; 

o  c 

(jD   (u 

c 

O 

O  rt 

S 

^j 

>, 

c 

o3 

CO 

Q 

bo 

c 

, 

l-l 

J5 

rt 

^ 

o 

'.'.'.'.'.'.-'.'.','. 

:^ 

•X9S 

:::::::::: 

•»sv 

..•••....• 

c 

o 

•      •   .  •      •      .      .      .      .      .      . 

e-d 



ii 

o? 



^a 



SJi 



s 

^  c 

•      •      .      .      .  J    .      •      .      .      . 

rt 

MS'O 

* 

o  c 

V 

615 



c<                           1 

:z, 

:::::::::: 

(212) 


(House  Bill  No.  64) 
AN  ACT 

To  amend  Section  4752  of  the  General  Code,  relating  to  the 
transaction  of  business  by  boards  of  education. 

Be  it  enacted  by  the  General  Assembly  of  the  State  of  Ohio : 

Section  i.  That  Section  4752  of  the  General  Code,  be  amended 
so  as  to  read  as  follows : 

Sec.  4752.  A  majority  of  the  members  of  a  board  of  education  shall 
constitute  a  quorum  for  the  transaction  of  business.  Upon  a  motion 
to  adopt  a  resolution  authorizing  the  purchase  or  sale  of  real  or  personal 
property  or  to  employ  a  superintendent  or  teacher,  janitor  or  other 
employe  or  to  elect  or  appoint  an  officer  or  to  pay  any  debt  or  claim 
or  to  adopt  any  text  book,  the  clerk  of  the  board  shall  publicly  call  the 
roll  of  the  members  composing  the  board  and  enter  on  the  record  the 
names  of  those  voting  "Aye"  and  the  names  of  those  voting  "No".  If 
a  majority  of  all  the  members  of  the  board  vote  aye,  the  president  shall 
declare  the  motion  carried.  Upon  any  motion  or  resolution,  a  member 
of  the  board  may  demand  the  yeas  and  nays,  and  thereupon  the  clerk 
shall  call  the  roll  and  record  the  names  of  those  voting  "Aye"  and  those 
voting  "No".  Each  board  may  provide  for  the  payment  of  superintend- 
ents, teachers  and  other  employes  by  pay-roll,  if  it  deems  advisable,  but 
in  all  cases  such  roll  call  and  record  shall  be  complied  with ;  provided, 
that  boards  of  education  of  township  school  districts  may  provide  for 
the  payment  of  teachers  monthly  if  deemed  advisable  upon  the  pres- 
entation, to  the  clerk,  of  a  certificate  from  the  director  of  the  sub-dis- 
trict in  which  the  teacher  is  employed  stating  that  the  services  have  been 
rendered  and  that  the  salary  is  due ;  the  adoption  of  a  resolution  author- 
izing the  clerk  to  issue  warrants  for  the  payment  of  the  teacher's  salary 
on  presentation  of  such  certificate  shall  be  held  as  compliance  with  the 
above  requirements. 

Section  2.  That  said  original  Section  4752  be  and  the  same  is 
hereby  repealed. 

GRANVILLE  W.  MOONEY, 
Speaker  of  the  House  of  Representatives. 

FRANCIS  W.  TREADWAY, 

President  of  the  Senate. 
Passed  May  10,  1910. 
Approved  May  19,  1910. 

JUDSON  HARMON,  Governor. 


(214) 


INDEX 


A 

Absence.  page 

Excuse    for,    7703    117 

Habitual    truant,    punishment,    7773 12J 

Abstract. 

Enumeration,    failure   to  transmit   to   county   auditor,    action   taken, 

7800    \ 130 

Auditor  of  county  to  transmit  to  state  commissioner  of  com- 
mon schools ,   7803    131 

Statistics,    transmitted   by   county   auditor   to   state   commissioner   of 

common    schools ,    7789    127 

Academy.     (See  College.) 

Genera]  provisions  as  to,    9922-9989 182-198 

jMilitary ,    how    constituted ,    9960 191 

Board  of  visitors  for,   9961,   9962 191,   192 

Report  of  to  state  commissioner  of  common  schools,  359 14 

Account. 

Clerk  of  school  districts,   how  kept,  4778,  4779 57 

Common    school    fund,    7580,    7581 66-67 

Educational   institutions,    accounts  of  officers,    9975 195 

School  funds,   account  of,   by  auditor  of  state,  7580,  7581 66-67 

Schools  specially  endowed,  accounts  of,  7993 180 

Treasurer  of  school  funds,   accounts  of,   4778,   4780 57 

University   of   municipality,    trust   funds,    7918 164 

Accountant. 

Appointment  of  to  investigate   funds,    362 15 

Powers ,    duties  and  compensation ,    363 15 

Account  Books.  .   . 

Clerks  and  treasurers  furnished  by  county  auditor,   4778.. 57 

Advertisement.     (See   Notice.) 

Building  school  houses,   bids   for,    7623 ' 78 

Age. 

Youth  of  school  age,   7681,   7794 95,   129 

Agricultural   Departments. 

Board   may  estabHsh ,    7722 107 

Alcoholic  Drinks.     (See  Scientific  Temperance  Instruction.) 

{2U 


2l6  INDEX. 

Alumni.     (See  Colleges.)  page 

Election  of  trustees  and  visitors,  by,  9945,  9947 187.   188 

Annexation. 

Territory  to  city  or  village,  4690 31 

Appeal. 

County   commissioners,    when    board    of    education    fails    to    provide 

proper   school    facilities,    7610 74 

Probate  court,  excuseof  child  from  school,  to,  7764 117 

Special  districts,   creation  of,   4728-4732 42,  43 

Transfer  of  territory,    4693,    4694 32 

Appointment.      (See    Respective    Titles   of    Boards,    Officers,    Etc.) 

Apportionment. 

Salt  lands,  interest  on  proceeds  of  sale  of,  7577 66 

State  school  funds,  by  auditor  of  state,  7582,  7583 67 

When  county  line  divides  original  surveyed  township,   7585....  68 

School  funds,  by  county  auditors,  7600,  7602 71 ,  72 

Annexation  of  territory  to  city  or  village,   after,  4696 32 

Distribution  of  money  after  apportionment,   7601 71 

Township  to  newly  created  special   district,    4732 43 

Special   district,    after  abandonment,    4732 /  43 

Transfer  of  territory,   after,    how  made,   4696... 32 

Village,  surrender  of  corporate  powers,   after,  4688 30 

Appropriation. 

Private  property,   of,    for  school  purposes,   7624. .' .  79 

University  of  municipality,    appropriation   for,    7906 161 

Vote  necessary  for  certain  appropriations  by  board,   4752 50 

Arbor   Day. 

Governor  shall  appoint  and  set  apart,  7688 97 

Manual ,  state  commissioner  to  issue ,   358 14 

Art   Association  or  College. 

Accounts,    9963 192 

Attorney  general  to  enforce  trusts  of,   9977 195 

Bequests ,    etc. ,    may  accept ,    9924 183 

Objects,  articles  of  incorporation  may  be  extended  to  others.   9973..  194 

Trustees  ineligible  to  office  in,   9976 195 

Articles  of  Incorporation. 

Educational  institutions,   certain,    9966 192 

Fine  art,  law,  etc.,' association,  what  may  provide,   9972. 194 

Supplement   for  colleges ,    9973 194 

Assessment. 

Colleges,   etc.,   amount,   how  fixed,   9958,   9959 191 

Meeting   for,    9957 191 

Stockholders,   against,   9956   191 

Assignment  of  Youth. 

Board  of  education  may  make .   768 1 96 


INDEX.  217 

Astronomical  Observatory.  page 

University  of  municipality,   may  establish,   7908 162 

Tax  levy  for,   7908 162 

Attendance.     (See  Compulsory  Attendance.) 

Compulsory  education,    requirements,    7762-7764 117 

Night  schools,  at,  7679,  7680. 95 

One  and  one-half  miles  from  school,  privilege  of  pupils  living.  7735  110 

Non-residents,  by  agreement  of  boards  of  education,  7734 110 

Youth  entitled  to  attend  school  free,  7681 95 

Attorney  General. 

Educational  institutions,    duties  as  to,    9977 195 

Ohio  State  University  board,  legal  adviser  of,  7953 171 

Auditor.     (See  County  Auditor.) 

Auditor  of  State. 

Apportionment  of  school  funds,   by,   7982-7984 177-178 

Bequests  to  school  funds,   accounts  of,   7581. 67 

Ohio  State  University,   duties  as  to,   7972 176 


B 

Ballot.     (See  Election.) 

City  districts  divided  into  sub-districts,   form  of,  5034 61 

School  elections,    deposited  in  separate  box,   5049 61 

Special  districts,   furnished  by  deputy  supervisors,  4748 47 

Abandonment  or  continuance,   form  of,  4741-4743 44-45 

Ballot  Box. 

Separate,    for  school  elections,    5049 61 

Special   districts,    in,    4748 47 

Bequests. 

Boards  of  education  may  accept,   4755 51 

College  or  university  may  hold  in  trust,  9924 183 

Common  school  fund,  to,  how  applied,  7581 67 

Ohio  State  University,    bequests  to,    7951 189 

Bids,  Bidders,  Bidding. 

Bonds,  bids  for  sale  of  may  be  received,  762G 82 

Depositories  of  school  funds,  competitive  bidding  for,  7C04-7607 72-73 

School  houses,    construction  of,    7623 78 

Blanks. 

Board  of  education,  report  of,  blanks  for,  7788 127 

County  auditor  to  distribute,  7788,  7789 127 

Blank  books,   furnished  by,  4778 57 

Form  of  prescribed  by  state  commissioner,  357,  7815 14,  135 

School  youth,   blanks  for  enumeration  of,   7803 131 

Teachers'    report    of    attendance   under    compulsory    education    law, 

7772 107 

Truant  officer,   blanks   for,    7771.. 120 


2l8  *  INDEX. 

Blind.  PAGE 

School,   attendance  of  blind  person  compulsory,   7778 124 

Board  of  Education.     (See  School  Districts.) 
City  School  Districts,  in 

Attached  territory,   duty  in  regard  to,  4706 35 

Board  of  examiners  in,   to  appoint,   7838 140 

City  Solicitor,  is  legal  adviser  of,  4761 53 

Shall  not  be  a  member  of  the  board,  4762 53 

Civil  service  for  employees,    7600-1-7690-6 98-100 

Clerk,    election   of,    4747 47 

Compensation   of    examiners ,    7853 143 

Constituted  how,   board  of  education,   4698-4700 34 

Deaf   children,    schools    for  authorized,    7755 114 

Director,    election   of   authorized,    7694 101 

Examiners,    appointment    of,    7838 ' 140 

Meetings    of ,    4747 47 

Members  of,   4698-4700   34 

Election  of,   qualihcatioiis,   terms,   4702-4704 35 

Organization   of  board ,    4747 47 

Physical   training,    instruction   in ,    7721 107 

President,   election  of,   4747 47 

Redistricting   of  cities ,    4701 ,    4707 31,  36 

Report .    publication  of ,    7784 126 

Sub -districts,    division   into,    4700 .  34 

Superintendent ,    election   of ,    7702 103 

Teachers,   appointment  of,    confirmed  by,    7703 103 

Teachers'   institutes  in,    7871-7874 150,   151 

May  dismiss  school  to  attend,   7869 150 

Vacancies  in  board,   how  filled,   7610 74 

Clerk  of.     (See  Clerk  of  Board  of  Education.) 
Special  Districts.     (See   Special   Districts.) 

Clerk,    election   of,    4747 47 

Constituted    how,    4729^732 42-43 

Conveyance  of  pupils,   may  provide  for,  7732 44 

Election    of,    4736 44 

First  election ,   4737   44 

Members  of ,   4736   44 

Term  of  oflfice,  4737 44 

Organization   of  board ,    4747 47 

President .    election   of ,    4747 47 

Superintendent,  election  of,  7705 103 

Teachers,   election  of,   7705 103 

Township  Districts.     (See  Township  Districts.) 

Attached   territory,    duty  as  to,    4714 39 

Centralization  of  the  schools  by,   7730,  7731 109 

Election  on  question  of,   4726 41 

Clerk  of  board,   township  clerk  is,   4747 47 

Compensation  of ,   4715 39 

Constituted,   how,   4712 38 

Election    of,    4712 38 

Meetings  of,    4747    47 

Members  of,   4712    . . . ." 38 

Term    of.    4713 3^ 


IN  Di:x. 


219 


Board  of  Education — Continued.                                              .  paoe 

Organization   of ,    4747 47 

President ,    election   of ,    4747    ^ 47 

Sub-districts,    recognition  of,   4716 *    39 

Boundaries  of,   how  changed,   4716. 39 

Superintendent,    election  of,    7705 103 

Teachers ,   election  of ,    7705 103 

T€^c,hers,    payment    of,    monthly 214 

Village  Districts.     (See  Village  Districts.) 

Attached  territory,   duty  as  to,   4711 37 

Clerk,    election,    4747    47 

Constituted  how ,   4708   37 

•  Election  of ,    4708    37 

In  newly  created  villages,  4710.- 37 

Members  of,   4708   37 

Term  of,    4709    37 

Organization    of ,    4747 47 

President ,   election  of ,  4747 47 

Superintendent,    election   of,    7705 103 

Teachers ,    election ,    7705    103 

Gexeral  Provisions. 

Absence  of   clerk,    4753 50 

Accommodation   for  all   children,    7738 110 

Admission  to  schools  of  those  not  entitled  by  right  to  attend, 

7082    ' 96 

Appropriate  private  property,    may,    7624 79 

*                   Assignment  of  pupils  to  schools,  7684 96 

Attendance   compulsory,    7762-7783    117-125 

Attestation  of  record  of,   4754 50 

Bequests,  acceptance  and  rules,  4755 51 

Bond  of  treasurer,   approval  of,  47,64 54 

Bonds  issued  by,   for  school  house,  7625-7630 80-83 

Borrow   money ,    may ,    when ,    5656 80 

Centralization    of    township    schools,    authorized,     7730,    4726, 

4727 109,  4y 

Children's  home,    school  at,    authorized,   7676-7678 94 

Commercial  departments,    may  establish,    7722 107 

Compensation,    none    except,    4757 : 51 

Contingent  fund,    what  constitutes,    7603 72 

County  commissioners  to  levy,   when,   7610 74 

Estimate  for,  to  be  made  by  board,  7586 68 

Levy,  certificate  of  to  county  auditor,   7594 70 

Contract  of,  no  member  shall  have  interest  in,  4757 51 

Must  be  authorized  by  board,    4757 51 

With  teachers,  what  constitutes,  7699 102 

Contract  for  building,   repairing,   etc.,   now  let,   7623 78 

Conveyances,  how  executed,  4749,  4757 .y.y 48,  51 

Corporate   powers   of ,    4749 .VT 48 

Deaf   children,    schools   for,    7755-7760 114-115 

Elections.     (See   Elections.) 

Elementary  schools,   shall  establish,   7644. 87 

Embezzlement  by  members,   penalty  for,    12878 •     58 

Employes  of,    may  appoint,   7690 98 


220  INDEX. 

Board  of  Education — Continued.  page 

Entertainment  in  school  houses,   7622 78 

Evening  schools,  7679,  7680 95 

Exchange  of  real  property  by,  4758 52 

Exemption  from  taxes  and  execution,   4759 52 

Expulsion  of  pupils,   vote  necessary,  7685 96 

Female  suffrage ,    4862    60 

Flag,  U.  S.,  on  school  houses,-  7621. 78 

Forms  relating  to  bonds   206 ,  207 

Funds  in  hands  of  treasurer,  duty  of  board  as  to,  4764 54 

Free  school   books,    7739 Ill 

German  language,    teaching  of,   7729 108 

High  schools,  board  may  establish,  7663,  7665,  7669 91,  92 

Infirmary,    school  at,    7676 94 

Intoxicating  liquors,  to  cause  instruction  as  to,  7723,  7725...;.  108 

Kindergarten  may  be  established ,   7722 107 

Library.     (See  Library.) 

Manual   training  department,    may   establish .    7722 107 

Meetings  illegal ,    when ,   4750 48 

Non-residents,   admission  of  to  schools,    when,    7682,    77-34 96,   110 

Oath  of  members  and  officers ,  4746 46 

Who   may  administer,    4746 46 

Orphans'  asylums,  schools  at,  7676 94 

Penalty  on  members  for  neglect  of  duty,  7610 74 

Personal  liability  of  board  members,   7611 74 

Process   against,    how   served ,    4760 53 

Property  of  boards  exempt  from  taxation  and  execution,  4759,  52 

Prosecuting  attorney,    legal  adviser  of,   4761 '53 

Quorum  of,   4752 50 

Record  of  proceeding  of,  4754 50 

Record  of  schools,  kept  by  teachers  and  superintendents,  7784..  126 

•     Relief  of  children,  board  authorized  to  afford,  7777 12? 

Report  by,    made  to  county  auditor,   7787 127 

Superintendents'  and  teachers'  report  to  board,  7784 126 

■    Resolutions  requiring  yea  and  nay  vote,  4752 ; 50^ 

Rules  and  regulations  of,   4750 48 

Sale  of  property  by ,  4749 .^. 48 

At   private  sale,    when,    4756 51 

At  public  auction,   4756 51 

Schools,  control  and  management  of,  to  have,  7690 98 

Continued,   must  be,  how  long,  7644 87 

Employes,    appointment,    dismissal  and  salaries  of,    7690, 

7705    98,  103 

Sufffcient  number  must  be  provided,   7644 87 

School  houses,  grounds,  etc.,  to  provide,   7620  77 

Contracts  for,   bidding  and  letting.   7623 78 

Use  of  for  purposes  other  than  educational,   7622 78 

Scientific  temperance  instruction,  duties  as  to,  7723,  7724 108 

Service  of  process  on ,  4760 53 

Special  meetings  of ,  how  called ,  4751 49 

State  commissioner  of  common  schools  to  confer  with,   354 13 

Superintendent,   appointment  of,   7690,   7702,  7705 98,   103 

Surety  of  treasurer,   additional  may  be  required,  4765 54 

Suspension  of  pupils ,  7685  96 


INDEX.  221 

Board  of  Education — Concluded.  page 
Taxation  by.     (See  Tax.) 

Tax  levy  by  board  for  school  house,   7025-7029 80-83 

Maximum  levy,    7591    69 

School  property  exempt  from,   4759 52 

Teachers,   employment  and  dismissal  of,   7691,   7703,   7705 100,   103 

Certificate,    must  have,    7830    138 

Order  for  pay  of,  when  illegal,  7780 126 

Pension  fund,   may  provide,   7875-7896 152-156 

Teachers'  institutes,  aid  for,  in  cities,  7872,  7873 150 

Text  books,   adoption  of,   7711-7710 105-106 

Free   school   books,    7739 Ill 

Publishers'  failure  to  furnish,   action  by  board,  7712 105 

Purchase  and  sale  of  by  board,  7715 • 106 

Tie  vote,   decided  by  lot,   5121 61 

Transfer  of  territory,   by,   4092-4094 31,  32 

Treasurer  of.     (See  Treasurer  of  Board  of  Education.) 

Truant  officer,    must  employ,    7769 120 

Tuition,   agreement  between  boards  for  payment  of,   7734 110 

"One  and  one-half  mile"  law,   7735 " 110 

"Patterson   Law,"   payment   under,    7747,    7748 112 

U.  S.  Flag,   display  of,  7621 78 

Vacancies  in,  how  filled,  4748,  7610 47,  74 

Vaccination,   may  enforce  rules,   7686 97 

Free,  when,  7686  97 

Yea  and  nay  vote,   when  required,  4752 50 

©oard  of  Examiners.      (See  State  Examiners,  County  Examiners,  City  Examiners.) 

Board  of  Health. 

Vaccination,    7686    97 

Board  of  Visitors. 

Alumni  may  appoint ,    9945 187 

College   of,    9940    186 

Compulsory  education ,    duties  as  to ,  7782 124 

Military  academies,    of,   9961,   9962^. 191-192 

Religious  bodies  may  appoint,    9940 186 

Schools  especially  endowed,  of,  7994 181 

Bond. 

Clerk  of  board  of  education  of ,  4774 ." 56 

Clerk  of  city  board  of  examiners ,  7842 141 

Clerk  of  county  board  of  examiners,   7836 140 

Compulsory  education,   parents  must  give,   7773 121 

Depository  of  school  funds,   required  of,   7604-7608 72 

Forms   of    206,  207 

Ohio  State  University,  treasurer  of,  7944,  ?945 170 

Schools  specially  endowed,   trustees  of,   7988 179 

State  commissioner  of  common  schools,  of,  353 13 

Security  for  cost,  petition  for  special  district,  4730 42 

Teachers*  institute  committee,   of,    7860 148 

Forfeiture   of,    7867    149 

Treasurer  of  board ,  4764 54 

Wilberforce  University,  treasurer  of,  7983 177 


222  INDEX. 

Bends.  PAGE 

Exchange  of,   by  board,    5G57 80 

Educational   institutions  may  issue,    9932 184 

Issue  and  sale  of,  2294,  2295,  7626,   7627 82,  83 

Money  must  go  to  funds  for  which  bonds  were  issued,   7628...  82 

Par,   must  be  sold  at, .  7627 82 

School  house,    bonds   for,    7625-7630 80-83 

Sinking  fund,    7613-7619    75-76 

Refunding  of,   5658   81 

Levy  to  pay,   5659 81 

Books.     (See  Text  Books.     Libraries.) 

Blank  books,   furnished  by  county  auditor,  4778 57 

School  fund,   examination  of  books,   361-367 15-16 


C 

Centralization. 

Board  of  education  may  centralize  schools,   7730,    7731 109 

May  be   discontinued,    when,    4727 41 

Petition   for,    4726    41 

Submission  of  question  of ,   4726 41 

Alay  submit,    4726    41 

Must   submit,    4726    41 

May  be  resubmitted,   when,  4726 41 

Transportation  of  pupils,  7730,  7731 109 

Certificate. 

Branches  of  study  enumerated ,    7830 138 

City  districts,    examinations  in,   7838 140 

Granting   certificates   in ,    7844-7850 142-143 

Revocation  of  certificates  in,  ISbO 143 

Qounty  certificate,  majority  of  board  may  grant,  7818. 136 

Examination   f ee ,    7818 136 

Grades  of,    different.    7821-7833 136-139 

Granting   of,    7821,    7848 .  .136,    142 

Requirements   necessary ,    7830-7832 138-139 

Revocation    of ,    7827 137 

Special,   granting  of,   7829,    7832 138,   139 

Valid,    where,   7821,   7823,    7847 1-36,   137,   142 

Scientific  temperance,   examination  in  required.   7726 108 

State  certificates,    issue  of,    7807 133 

Effect  of,   where  valid,   7808 134 

Examination   fee,    7809 ■ 134 

Revocation    of,    7808 134 

Tax  levy,  certificate  to  county  auditor  of,  7594,  7598 70-71 

Teachers  must  have,    7830-7832 138-139 

Filed  with  clerk,  copy  must  be,  7786 126 

Transfer  of  territory,    certificate  of  to  county   auditor,    4692 31 

Charter. 

Educational  institutions,  amendment  of,  etc.,  9966 192 


INDIiX.  223 

Children's   Home.  page 

Children  at,  can  attend  schools,  when,  7681 95 

Schools  at,    7676 94 

Christmas. 

Dismissal  of  schools  on ,   76S7 97 

Cincinnati. 

University  of,    7915-7922 163-165 

City  Districts. 

Advancement   to,    4686 30 

Attached  territory,   assignment  of,   4706 35 

Voting    in,    4706 35 

Attendance  in,   compulsory,   7702-7764 117 

Board  of  education,  election  of,  4698-4705 34-35 

Membership,    4698-4700    34 

Meetings,  4747  47 

Organization ,   4747 47 

Qualifications   of   members,    4705 35 

Special  meetings  of,  how  called,  4751 49 

Term  of  members,  4702,  4703. . 35 

Board  of  examiners,  7838,  7854,  7855. 140,   144 

City  solicitor ,    legal  adviser,    4761 53 

Clerk  of  board  of  education,  4747.  4774,  4781 47,  56,  58 

Deaf  children,   schools   for.    7755-7761 114-115 

Decennial   redistricting  of ,    4701 34 

Defined,    4680    29 

Director  may  be  appointed ,  76!J4 101 

Redistricting  of,  4701,   4707 34,  36 

Sub-districts ,    division    into ,    4700 34 

State  school  commissioner ,  by ,   when ,   4701 34 

Superintendent,    election  of,    7702 103 

Teachers,    election  of,    7703 * 103 

Teachers'  institutes ,  in ,  7871 150 

Treasurer  of  school  boards,    4763-4773,   4781 54-56,  58 

City  Examiners. 

Appeal    from,    7857 ' 144 

Appointment,  term,   vacancies,  7338,   7839 140-141 

Compensation  and  expenses  of,  7853 143 

Examinations ,   how  conducted ,   7840 141 

Expert,    assistance  of  in  difficult  branches,    7841 141 

Fees,  disposition  of,  7853 "'. 143 

Granting  of  certificates,  7844-7846 142 

Revocation  of  certificates,  7850 ' 143 

Meetings  of,  7843 ; 142 

Membership,   number,   qualifications,   7838 140 

Organization  of  board ,  7842 141 

Record,    how   kept,    7854 143 

Report  of  appointment,  to  state  school  commissioner,  7839 141 

Revocation  of  appointment ,    7839 141 

Scientific  temperance,    examination,    7726 108 


224  '  INDEX. 

City  Solicitor.                                                       .  page 

Legal  adviser  of  boards  of  education,  4761 53 

Shall  not  be  a  member  of  the  board,  ^762 53 

Classification. 

Change  of,  by  advancement,  4686,  4687 ^  30 

City    districts,    4680 29 

Special    districts ,    4684    30 

Township    districts,    4683    30 

Village   districts,    4681,    4682 29,  30 

Clerk  of  Board  of  Education. 

Abandonment    of    special    districts,    duties    of    special    and    township 

clerks  as  to,  4741   44 

Absence  of,   at  meetings,   who  acts,   4763 50 

Accounts  of,    how  kept,   4778 ' 55 

Blanks  for  reports  under  compulsory  education  law,   must  furnish, 

7772    121 

Bond  of,  4774   56 

Certificate  of  estimate  for  tax  levy,  to  county  auditor,  7594 70 

Transfer  of  territory,   of,   when,   4692 31 

City   districts,    of,    4747 47 

Compensation   of ,    4781 58 

Compulsory  attendance,   may  excuse  from,   7763 117 

Election   of,    4747    47 

Embezzlement  by ,    penalty   for ,    12878 58 

Enumeration  return  to  county  auditor,   7799 130 

Liable  for  damages  for  failure  to  make,  7800 130 

Penalty   for   failure,    7802 131 

Forms    relating  to    . . . .' 199-212 

Moneys  received  by,  must  be  reported  to  county  auditor,  4768 55 

Notice  of   election,    4839 60 

Oath    of,    4746    46 

May  administer  to  others ,   4746 46 

Order  on  treasurer ,    must  sign ,    4768 55 

For  teachers'  pay,  illegal,  when,  7786 126 

Petition  for  transfer  of  territory,  4693 32 

Publication  of  receipts  and  expenditures,   4776 57 

Record  of  proceedings,  kept  by,  4754 50 

Reports   required   of,    355,    4775,    7787,    7788 13,  55,   127 

Penalty  for  failure  to  make,   7790,   7791 128 

State  school  commissioner  may  require,   355 13 

Roll  call,  when  required,  4752 50 

Special   district,    of,   4747 47 

Successor ,  property  turned  over  to ,  4777 57 

Township  commencement,  clerk  to  hold,  7742 Ill 

Township    districts,    of,    4747 47 

Village  districts,  of,  4747 47 

Clerk  of  Board  of  Examiners. 
City  Boards. 

Bond  of,  7842 ^    141 

Compensation  of ,  7853  143 


INDEX.  225 

Clerk  of  Board  of  Examiners — Concluded.  page 

Election  of,   7842   141 

Fees ,    disposition  of ,    7855 144 

Record,    kept   by,    7854 /. 144 

Reports   of,    7839,    7854 '. 141,  144 

County  Boards. 

Bond'  of,    7836 140 

Compensation   of,    7837    140 

Election    of,    7815    135 

Fees,    disposition   of,    7820 136 

Record   to   be   kept,    7815 135 

.     Report  by  to  county  auditor,  7820 136 

To  state  school  commissioner,   7815,   7836 135,  140 

Clerk  of  Township.     (See  Township  Clerk.) 

Coat  of  Arms. 

Device  of,   state  of  Ohio,   30 ^. 12 

Colleges  and  Universities. 

Incorporated  Institutions. 

Accounts  of,  how  kept,  report,  9975 195 

Alumni  may  elect  trustees,    9945 ' 187 

Appoint  visitors ,    9945    187 

Election,    conduct  of,    9946,    9947 187,  188 

Attorney  general ,   duties  as  to ,   9977 195 

Board  of  trustees,  election  of,   9951 .  189 

Members,  increase  in  number,  9950,  9978 189,  196 

Ineligible,   who  are,   9976   195 

Quorum   of,    9943    187 

Term  of   office,    9963 192 

Vacancies,  how  filled,   9930 .' 184 

Bonds ,   trustees  may  issue ,   9932 184 

Charter,    amendment  of,    9966,    9969 192,  193 

Directors  and  trustees  of  certain  associations,  9972 194 

Endowment    fund    of,    9948 148 

Diverted,    how,    9929    184 

Faculty  of,   its  powers,  9925 183 

Laws,   benefits  of,   how  acquired,    9944,   9949 187,  189 

Location,   change  of,   9928,   9964 183,  192 

Mechanics  and  agriculture,    9926 \  183 

Mechanics,    institutes  may  borrow  money,   9982 197 

Directors'    liability,    9983 197 

Medical  college,  bodies  for  dissection,  9984,  ^989 197,  198 

Name,   change  of,    9966,    9969 192,  193 

May  be  religious   denomination,    9951 189 

Organization  of,  9922 182 

Patron,    who  may  be,   9939 186 

Property,    increase   of,    9931..;- 184 

Sale    of,    9965 192 

May  hold  in  trust,  9924 183 

Purposes,    set  forth,   may  be,   when,   9951 189 

Change  of,    9966,    9969 192,  198 

May  be  added  to,    9973 194 

15     s.  L. 


226  INDEX. 

Colleges  and  Universities — Concluded.  page 

Religious  control  of,   9934-9938,   9952,   9953 185-186,  190 

Religious  body  entitled  to  representation ,   9942 187 

Representation   to  cease,    when,    9941 ^...  187 

Statement  of  property  to  be  filed,  9933 185 

Stock  changed  to  scholarship ,    9927 183 

Stockholders'   liability,    9956,    9959 191 

Visitors,  appointment  of,  9940 186 

Commencements. 

County  commencements  under  "Patterson  Law,"  7744 112 

Township   commencements   under  "Patterson   Law,"  7742 Ill 

Expenses  of,   how  paid,   7746 112 

Commercial  Departments. 

Boards  of  education  may  maintain,  7722 107 

Commissioner.     (See    State    Commissioner   of   Common    Schools,   County  Com- 
missioners.) 

Common  Pleas  Court. 

Judge  of,  duty  as  to  report  of  examiner  of  funds,  367 16 

Schools  specially  endowed,   appointment  of  trustees  for,  7987 179 

Common  School   Fund.     (See   Funds.) 

Compensation. 

Board  of  education,  members  of,  shall  not  receive,  4757 51 

City  boards  of  examiners,  of,  7853 143 

Clerk  of  board  of  education,  4781 58 

County  auditor,   of,   7793 128 

County  examiners,    of,    7834 139 

Clerk  of,  7837 140 

Under   "Patterson   Law,"   7745 112 

Enumerators,    of,    7797 130 

Examiners  of  school  funds ,  366 16 

Ohio  State  University,   officers  of,   7949 .^  . .  171 

Prosecuting  Attorney,  shall  not  receive,  4762 53 

Treasurer  of  board  of  education ,  4781 58 

Complaint. 

Form ; 208 

Funds,  fraudulent  use  of,  in  regard  to,  361 15 

Compulsory  Attendance. 

Age  of  youth  affected,  7762-7768 117-120 

Attendance  necessary,  7763 117 

Minors  between  14  and  16,  7767 119 

Blind  institution,  in  regard  to,  7778 124 

Board  of  county  visitors,  duties,  7782 124 

Branches  of  study  required,   7762 117 

Corporation,  violation  of  by,  penalty,  12982 125 

Costs  of  proceedings  paid  by  county,  12988 125 


INDEX.  227 

Compulsory  Attendance  —  Concluded.  page 

Deaf  and  dumb  institution,  in  regard  to,  7778 124 

Delinquency  of  minors,  penalty  for  aiding  or  abetting,  1654 21 

"Delinquent  child"  defined,   1644 18 

"Dependent  child"  defined,   1645 18 

Employment  of  minors  under  16,  7765 118 

Between  14  and  16,  7767 119 

Penalty  for  violation,  12975 122 

Excuse,    how   obtained, 7763 117 

Forms  relating  to 209-212 

Free  school  books,  7739 Ill 

Jurisdiction  of  courts,   12984 125 

Juvenile  Court,  establishment  of,  1639 17 

Juvenile  disorderly  persons,   defined,   7768 120 

Proceedings  against,   7774 122 

Penalties  for  violations,    12981-12983 125 

Repeated   violations,    12986 125 

Relief  to  enable  child  to  attend  school,  7777 123 

Reports  of  public  and  private  schools,   7772 121 

Seating  acommodations  necessary,  7738 110 

Tax  levy  authorized,  7738 110 

Truancy,  proceedings  in  cases  of,  7773. -.  121 

Truant  officer,   appointment,   powers,   duties,  7769-7771 120- 

Constitution  of  Ohio. 

Encouragement  of  schools ,  Art.  I ,   Sec.  7 7 

Oath  to  support,   4746 46 

School  funds ,  preservation  of ,  Art.  VI ,  Sec.  1 *  7 

Provision  of,  by  taxation,   Art.  VI,   Sec.  2 7 

School  laws,  excepted  from  general  rule,  Art.  II,"  Sec.  26 7 

School  property  exempt  from  tax,  Art.  XII,  Sec.  2 8 

Construction. 

Laws  of,  decisions  and  opinions,  27 11 

Contingent  Fund. 

Apportionment   of,    7603 72 

Board  of  education  to  provide,  7586,  7587 68 

County  commissioners  may  levy,  when,   7610 74 

Tax  levy  for,  certificate  to  county  auditor,  7594 76 

Contract. 

Board  of  education  by,  how  made,  4757 51 

Members  of,  shall  have  no  interest  in,  4757 51 

Certificate  of  funds,   5660 81 

Exceptions,    5661    81 

County  examiners  may,   for  rent,   etc. ,  7835 140 

Depository  of  school  funds,   for,  7604-7608 72-73 

School  houses,  how  let,  7623 78 

Conveyance. 

Board  of  education,  authorized  to  make,  4749,  4756 48,  51 

How   made,    4757 51 

Pupils  may  be  conveyed,  when,  7730,  7732,  7733, 109 


\ 


228  '  INDEX. 

Corporations.     (See  Articles  of  Incorporation.)  page 

Boards  of  education  are,  4749 48 

Educational  institutions.     (See  Colleges  and  Universities.) 

Ohio   State  University,    7943 170 

School  attendance,  violations  by  agents  of,   12981-12983 125 

Schools  specially  endov^^ed ,   7987 179 

Costs 

Special  districts ,    formation ,    4730 42 

Security   for,    4730 42 

Council. 

University  of  municipality,  powers  of  as  to,  7906-7912,  7921.  ..  .161-162,   165 

Vaccination  of  pupils,  duty  as  to,  7686 97 

County  Auditor. 

Apportionment  of  school  funds  to  all  districts,  7600-7602 71-72 

Blank  books,  to  furnish  to  clerk  of  board  of  education,  4778 57 

School    examiners ,    7835 140 

Treasurer  of  school  funds,  4778 , 66 

Blanks,  distribution  of  to  school  districts,  7788 127 

Bonds  of  clerk  and  treasurer,  copy  to  be  filed  with,  4764,  4774 54,  56 

Clerk  of  board  failing  to  report,   auditor  may  appoint  other  person, 

7791 128 

Compensation  of  auditor,   7793 .128 

Contingent  fund,  levy  for  to  be  certified  to,  7594,  7598 70,  71 

Distribution  of  funds  to  school  treasurers,  7601 71 

Enumeration ,    returns  of  to ,   7799 130 

Auditor  to  take,  when,   7800 130 

Return  to,  when  county  line  divides  original  surveyed  township, 

7801 131 

Return  by,  to  state  commissioner,  7803 131 

Fines,  collection  of,  for  school  purposes,  duty  as  to,  7612 74 

Joint  sub-districts,  map  of  to  be  filed  with,  4724 40 

Penalties  for  not  making  reports,  7790-7792 127-128 

Reports  to,  required,  4775,  7787,  7820 , '         57 

Reports  of,  required,  355,  7703,  7788 13,  103,   127 

School  houses,  duty  as  to  tax  levy  for,  7628 82 

Special  districts,  to  certify  valuation  of,  4729 42 

Tax  levy,  certified  to,   7594 70 

Teachers'  institute,  funds  for,  duties  as  to,  7864 149 

^  Territory  transferred,  duties  as  to,  4692,  4693 31-32 

Treasurer   of   school    districts,    settlement   with,    etc 4769,    4772, 

7600,    7603 55-56,  71,  72 

County  Board  of  Examiners. 

Appeal  from,  7857 144 

Appointment  of,   7811 134 

Branches  of  study  required  for  teachers'  certificates,  7830-7832 138-139 

Certicates,   granting  of,    7821,    7824-7826 1367,   137 

Grades   of,    7829 138 

Renewal  of,  7822,   7823.... 137 

Revocation  of,  7827 7 137 


INDEX.  229 

County  Board  of  Examiners — Concluded.  page 

.Clerk,   duties  of,   7815...' 135 

Compensation    of,    7837 140 

Compensation  of  members,   7745,   7834 189,  142 

Examination   fee ,    7818 136 

Disposition   of,    7820 136 

Expenses  of  board,  how  paid,  7835 140 

Ineligible,    who  are,    7812 134 

Majority  of  members  necessary  to  take  action,  7818 136- 

Meetings   of,    7817 : 135 

Membership ,   limited  how ,   7811 134 

Notice  of  meeting,  what  necessary,  7817 135- 

Organization  of,   7815 135 

Patterson    examinations ,    7740 Ill 

Commencements,    county,    7744 112 

Compensation  of  examiners,   7745 112 

Qualifications  necessary,    7811 134 

Questions ,    how   prepared,    7819 136 

Record  to  be  kept,  7815 135 

Removals  from  board,  7811-7813 134-135 

Reports  to  be  made,  7815,  7820. 135,  13^ 

Revocation  of   certificates,    7827 137 

Scientific  temperance,    examination  in,   7726 137 

Special  certificates,  granting  of,  7829 138 

Teacher,   qualifications  necessary,   7830-7832 138-139 

Term  of  members ,  7813 135 

Uniform  system  of  examinations,   7819 136 

Vacancies,   how  filled,   7814 135 

County  Commissioners. 

Board  of  education,  commissioners  may  act  as,  when,  7610 74 

Children's  homes,   schools  at,  duties  as  to,  7676 94 

Contingent  fund ,  when  to  levy,  7610 74 

County  auditor,  compensation  of,  7793 128 

County  Treasurer. 

Compensation    of,    7594 70 

School  funds,   duties  as  to  state  funds,  7584 67 

When  county  line  divides  district,   duties,  7598 71 

Tax,   collection  of,   7594 70 

Course  of  Study. 

Defined,    7651    90 

Elementary  schools,  branches  of  study,  7648 8^ 

Course  of  study  required  in,  7645 88 

German  taught,  when,  7729 83 

High  schools,  branches  of  study,  7649 ^ .  89 

Requirements,   7652-7654   90 

Physical  training  in  certain  schools,  7721 107 

Physiology  and  hygiene,   7723 108 

Report  of,  required,  7660 91 

Scientific    temperance,    7723 108 

Text  books,   adoption  of,  7713-7716 106 


230  INDEX. 


Debt.     (See  Sinking   Fund.)                                                          .  page 

Deeds. 

Boards  of  education,   deed  by,   4749,  4756-4758 48,  51-52 

Ohio  university  land,    leasehold   estate,    converted  into   fee   simple, 

7933-7935    168 

Degrees. 

Educational  institutions,   power  to  confer,   9922 182 

University  of  municipality,    may  confer,    7904 161 

Depository. 

Boards  of  education  shall  provide,    7604-7608 72-73 

In  districts  having  two  or  more  banks,  7605 73 

In  districts  having  less  than  two  banks,  7607 73 

Devise. 

Board  of  education  may  accept,   4755 51 

Common  school  fund  of  state,  to,  7581 67 

Endowed  schools,   to,   management  of,    7987 179 

^       Institutions   may   receive,    9924 183 

Ohio   State  University,    for,   7951 171 

Director. 

Appointment  of,   in  city  districts,  7694 101 

Compensation    of,    7697 102 

Powers  and  duties  of,  7695,  7696 101,  102 

Removal    of,    7698 102 

Election  of  in  township  districts,  4717 39 

Enumeration,    shall    take,    4722 40 

Powers  and  duties  of,   4722 40 

Term   of   office,    4717 ' . . . .  39 

Dismissal. 

Schools,    on  holidays,    7687 97 

Teachers  to  attend  institute,   7869 150 

Teacher,    dismissal   of,    7701 103 

Improperly  dismissed,   may  bring  suit,   7708 104 

Districts.     (See  City,  Village,  Special   and  Township   Districts.) 

Donations.     (See  Bequests.) 

E 

Education.     (See  Board  of  Education,  Colleges,  Schools.) 

Elections. 

Ballots,   form  of,   for  school  elections,  5032-5034 61 

Bonds,  Issue  of,  for  school  houses,  7625 80 

Centralization  of  township  schools,    for,  4726 41 

City  districts,  board  of  education,   election  of,  4703,  4704 35 

Attached   territory ,    voting   in ,    4706 35 


INDEX.  231 

Elections  —  Concluded.  page 
Educational  institutions,  election  of  trustees*  and  visitors  by  alumni, 

9945,    9947 187,  188 

Forms    relating   to 199-202 

High  school,  election  on  question  of  bond  issue  for  joint  townships, 

7669    92 

Union  of  districts  in  township  for  high  school  purposes,   elec- 

'   tion  on  bond  issue ,   7669 92 

Lot,   election  decided  by,   when,   5120 61 

Notice  of,    4839 60 

Special  districts,  in,  4736-4740,  5049 44,  61 

Abandonment  of,    election   for,    4741-4744. 44-45 

Tax  to  exceed  maximum  allowed  by  law,  vote  on,  7592,  7593......  70 

Special  tax,   vote  on,  7625 80 

Teachers'  institute,    officers  of,    7860 148 

Tie  vote ,    how   decided ,    5121 61 

Township  districts,  board  of  education  of,  4712,  5049 38,  61 

Attached  territory,    voting  in,   4714 39 

Village  districts,  board  of  education  of,  4710,  5049 37,  61 

Attached  territory,  voting  in,  4711 37 

Newly  created  district,   election  in,   4710 37 

Women  can  vote,    when ,   4862 60 

Registration   of,    4940 60 

Electors. 

Attached  territory,  where  to  vote,  4706,  4711,  4714 35,  37,  39 

Women  are ,  for  school  officers ,  4862 60 

Employes. 

Board  of   education,    of,    7690-7706 98-104 

Minor,   proof  of  attendance  at  school  required  before  employment, 

7765-7766  118 

Between  fourteen  and  sixteen,  must  pass  examination,   7767...  119 

Endowment  Fund. 

College,  how  application  of,   changed,   9929 184 

Corporation    for,    9948 188 

Schools   specially   endowed,    7897-7994 179-181 

English   Language. 

Common  branches  must  be  taught  in,  7729 108 

Enumeration. 

Apportionment  of  state  school  funds  by  auditor  of  state,  based  on, 

7582    67 

By  county  auditor,  7600,  7602 71,  72 

Clerk  of  board  of  education  to  make  returns  of,  7799 130 

Compensation    for   taking,    7797 130 

Excessive,  action  of  state  school  commissioner,  7804 131 

Failure  to  take,    penalty,   7802 131 

By  clerk  of  board  to  make  returns,  action  taken,  7800 130 

Penalty  for  making  fraudulent  returns,    12929 132 

Return  by  county  auditor  to  state  school  commissioner,  7803 131 

When  county  line  divides  original  surveyed  township,  7801 131 

Township  districts ,   who  takes ,   4722 40 

Youth  of  school  age,  includes  whom,  7794 129 

How   taken,    7796 129 


232  INDEX. 

Evening  School.     (See  Night  School.)  page 

» 
Examiner.      (See  City,  County  and  5tate    Examiners.) 

School    funds,    of,    362-366.... 15-16 

Adverse  report,   disposition  of,   367 16 

Compensation    of ,    366 16 

Execution. 

School  property   exempt   from ,    4759 52 

Executive  Committee. 

Teachers'  institute,   of,   7860 ! 148 

Bond   of,    7863,    7864 149 

Forfeiture  of  bond,    7867... 1" 

Report  of  clerk,  7866 149 

Expenditures  and  Receipts. 

Board  of  education,  clerk  to  make  annual  report  of,  4775 57 

Publication  of  report,   4776,   7785 57 

Expulsion. 

Pupil  from  school,   of,   7685 % 


F 
Fees.     (See  Compensation.) 

Female. 

Suffrage  of,  in  school  elections,  4862,  4940 60 

Fines. 

County  auditor's  duties  as  to,  7612 ,■ 74 

Fine  Arts. 

Corporations    for   promoting,    9922-9979 182-196 

Fire  Dangers. 

Instruction    in,    12901 ' 88 

Duty  of  board  in  regard  to,  12905 88 

Duty  of  school  commissioner,   12903 88 

Duty  of  the  fire  marshal,   12902 88 

Duty  of  teachers,    12901 88 

Fire  Drills. 

Pupils  must  be  trained  in,   12900 88 

Flag. 

Ohio  flag,    description  of ,   28 11 

United  States  flag,   display  of,   7621 ." 78 

Flower. 

State  flower  of  Ohio.  29 12 


INDEX.  233 

Forms.  p^gp- 
Prepared  by   state   commissioner   of   common   schools,    to   be,    35G, 

357,   7788,   7789 14,  127 

Notice  of  election  in  sub  districts 199 

Poll   book 199 

^Tally   sheet    199 

Minutes  of  sub-district  school  meeting ■ 200 

Appointment  of  school  director,  to  fill  vacancy 200 

Oath   of    school   director 201 

Different  modes  of  altering  sub-districts 201 

Resolutions  on  bond   issue 201 

Notice  of  election  for  bond  issue 202 

•      Form  of  ballot    202 

Petition   for  special  school   district 202 

Notice  of  special  meetings 203 

Teacher's  contract    203 

Order  on  the  treasurer 203 

Order  on  treasurer  when  school  funds  are  in  a  depository 204 

Certificate  of  annual  school  levy 204 

Certificate  of  school  funds  in  treasury 204 

Transfer  of  territory    205 

Lease  to  school  district 205 

O^ath  of  clerk  of  board  of  education 206 

Clerk's    bond 206 

Final  receipt  of  clerk '         206 

Oath  of  treasurer  of  board  of  education 207 

Treasurer's    bond    207 

Final    receipt   of    treasurer 208 

Complaint  in  regard  to  school  funds 208 

Notice  to  parent  or  guardian 209 

Notice   to    truant 209 

Notice  to  employers  of  youth 209 

Age   and   schooling  certificate 210 

Teacher's   report    211 

Report  of  truant  officer 212 

Fourth  of  July. 

Schools  may  be  dismissed  on ,  7687 97 

Fraternities. 

Investigation  of,    12908 9& 

Penalty  for.  • 

Pupil    joining,     12906,     12909 95,  96 

Teacher  failing  to  report,  12907 95 

Funds.     (See  Sinking   Fund.) 

Accounts  of,  how  kept,  7580 66-67 

Auditor  of  state,   duty  of,   7580,  7581 80-81 

Apportionment  of  state  funds  by  auditor  of  state,  7582-7585 67-68 

By  county  auditor,"  7600-7603 71-72 

Bequests  to  common  school  fund,  how  applied,  7581 67 

Contingent  levy  by  boards  of  education,  7586,  7587,  7594 68-70 

County  commissioners  to  levy,  when,   7610 74 

Penalty  for  failure  to  levy,   7611 74 


234  INDEX. 

Funds.     (See  Sinking  Fund) — Concluded.  page 

Declaration  of  policy  of  the  state  respecting  universities,  7923 165-166 

Debt  of  state,  irreducible,  common  school  fund  shall  constitute,  7580  Q6 

Depository  for,   7604 72 

Distribution  of  by  county  auditor,  7601 71 

Educational  institutions,   of,   9929,    9948 184,   188 

Fines  to  be  collected  by  county  auditor  and  paid  into  funds,  7612 74 

Income  from  school  lands,  application  of  proceeds  of.  Art.  VI,  Sec.  1  7 

Investigation    of,    361 15 

Ohio  State  University  fund,  tax  for,  7929 167 

Pension  fund  for  teachers,   7875-7896 152-156 

Public  lands,  proceeds  'of  sale  of,  7579,  7580 66 

Salt  and  sv^amp  lands,  proceeds  of  sale  of,  7577,  7578. 66 

School  fund,  preservation  of.  Art.  VI,  Sec.  1 7 

Settlement  between  district  treasurer  and  auditor,  4770 56 

Special  districts,  division  of  fund  when  created,  4732 43 

State  common  school  fund,  tax  for,  7575 65 

State  commissioner  of  common  schools,  duty  as  to,  355,  367 13,   16 

Taxation,  constitutional  provisions  for,   Art.  VI,   Sec.  2 7 

Tax  levy,  maximum  for  schools,  7591 69 

Transfer  of,    5654,    5655 80 

Transfer  of  territory,   division  of  funds,  4696 32 

Treasurer  of  county,  duties  as  to,  7584,  7585,  7594,  7599,  7601,  7602. 

67,  68,  70,  71,  72 

Treasurer  of  district,  receipts  and  disbursements  by,  4768,  7594 55,  70 

Amount  he  may  have  on  hand,  4769 55 


G 

General  Assennbly. 

Laws  to  encourage  schools,  duty  of,  to  pass,  Art.  I,  Sec.  7 7 

State  commissioner  of  common  schools  to  report  to,  360 14 

School  funds,  to  provide  for  by  taxation.  Art  VI,  Sec.  2 7 

School  laws  can  take  effect  upon  authority  other  than,  Art.  II,  Sec  26  7 

Tax  for  schools,  shall  levy,  7575,  7576 65,  66 

Wilberforce  University,  members  may  name  pupils  for  admission  to, 

7985: 178 

German  Language. 

Teaching  of  authorized,  7729 108 

Goverrhor. 

Arbor  Day,  shall  appoint  and  set  apart,  7688 97 

College,   fills  vacancy  among  trustees,   9930 184 

Military  academy,   is  visitor  of,  9961 191 

Ohio  State  University,  appointment  of  trustees,  7942 169 

Deed  for  lands  of,  to  execute  and  deliver,  when,  7933 169 

School  book  commission,  is  a  member  of,  7710 105 

State  commissioner  of  common  schools,  to  fill  vacancy  in  office  of,  352  13 

Report  of,  to  be  made  to,  when,  360 14 

Wilberforce  University,  appointment  of  trustees,  7976 176 


INDEX.  235 

Guardian.  page 

Children  under  care  of,  entitled  to  attend  schools  free,  7681 95 

Duties  of,  under  compulsory  education  law,  7762,   7763 117 


H 
High  Schools. 

Board  of  education  may  establish,  7663 91 

Branches  of  study  required,   7649 r 89 

Certificate  of  work  done  by  pupil ,  7657 *. 90 

Value  of,  7658,  7659 90,  91 

•  Classification  of,  7651 90 

Defined,   7649   89 

Diploma,  what  it  shall  contain,  7656 90 

Examinations  in  special  and  sub-districts,    for,  7740 Ill 

Commencements,    7742-7744    111-112 

Compensation  of  examiners,   7745 112 

Tuition,   7747 112 

Report  of  by  clerk  of  board,  7660 91 

Penalty  for  failure  to  make,  7662 91 

Township  Districts  in. 

Admission  of  pupils  to ,  7667 92 

Board  of  education  may  establish,  7663 91 

Management  and  control  of,   7665 92 

Tax  levy  for,  7668 92 

Time,  length  of,  to  be  continued,  7667 92 

Township  and  joint  township  high  schools,   established  by  peti- 
tion,   7669-7672    '. . . .  92-93 

Buildings,  purchase  or  renting  of,   7669 92 

Election  on  question  of  tax  levy  for,  7669 92 

Election  for  tax  levy  not  necessary,  when,  7669. 92 

Tax  for,   7669   92 

Teachers,    employment  of,   7670 93 

Union  of  several  districts  for  high  school  purposes,  7669 92 

Holidays. 

Dismissal  of  schools  on,  without  forfeiture  of  teacher's  pay,  7687..  97 

HoHdays  named,   7687    97 

Howe's  Historical  Celiectlons  of  Ohio. 

Boards  of  education  authorized  to  purchase,  7719 107 

Care  of,   how  taken,    7719 107 


I 

Infirmary. 

Corpse,  surrender  of,  to  medical  college,  9984 197 

Schools    at,    7676 94 

Institutes.     fSee  Teachers'  Institutes.) 

Interest. 

Irreducible  school  funds,  interest  on,   7577,   7580 Q(^ 


236  INDEX. 

hivestigatlbn.  page 

School  funds,  of,  by  accountant,  361,  362,  365 15,   16 

Teacher,  of,  by  board  of  examiners,  7827,  7840,  7850 137,   141,  143 

Irreducible  School  Fund. 

Accounts  oir  how  kept,   7580 66 

Original  surveyed  township,   in  two  counties,   how  proceeds  paid  to, 

7585    68 

Public  lands,  sale  of,  proceeds  of,  how  applied,  7579,   7580 66 

Salt  and  swamp  lands,  proceeds  of  sale  of,  7577,  7578 66 


J 
Janitor. 

Board  of  education,  power  to  employ,   7690 98 

Board  of  examiners  may  employ,  7835 140 

Dismissal  of  by  board  of  education,  7701 103 

Teachers  not  required  to  do  janitor  work,   7707 104 

Term  of  employment,   7690-7690-6 98-100 

Under  civil  service  in  cities,   7690-1-7690-6 98-100 

Joint  Sub-Districts. 

Abolished;    4723 40 

Territory  annexed  fo  township,  4723 40 

Judge.     (See  Common  Pleas  Court,  Probate  Court.) 

Juvenile   Disorderly  Person. 

Court    for,    1639-1683 17-28 

Definition   of,    7768 120 

Proceedings    against ,    7774 122 


K 

Kindergarten  Schools. 

Boards  of   education  may  establish,    7722 107 


L 
Language.     (See  English  Language,  German  Language.) 

Laws. 

Collation  of,   356   14 

Distribution  of,    356    14 

Encouragement  of"  schools,  for,  passage  of.  Art.  I,   Sec.  7 7 

Interpretation  of,   decisions,  preparation  and  distribution  of,   356...  M 
Schools,   for,  can  take  effect  upon  approval  of  authority  other  than 

the  general  assembly.  Art.  II,   Sec.  26 7 

Law  College. 

Organization   of,    9972,    9973 194 


INDEX.  237 

Law  Library.  page 

Organization    of,    9972 194 

Lease. 

Form    of 205 

Site  for  school  house  or  right  of  way,  lease  of,  7620 77 

Legal  Adviser. 

Boards  of  education,  who  is,  of,  4761 53 

Ohio  State  University,  who  is,  of,  7953 171 

Legislature.     (See  General  Assembly.) 

Library. 

Access    to,    7631 83 

Appropriation  of  money  for,   amount  limited,  7642...^ 85 

Board  of  education  may  establish,'  7631,  7642 83,  85 

Appropriation    for ,    7642 85 

Funds  for,   how  provided,   payments  from,   7639 85 

Tax   for,    7632,    7639 84,  85 

Trustees   of,    7635    , 84 

Control  of,  vested  in  board  of  education,  when,  7642 85 

Donations,   board  may  accept,   7638 85 

Established    how,    7631 83 

Librarian,  appointment,  compensation  of ,  '7637 84 

MusejLim ,   in  connection  with ,   7643 86 

Rules  and  regulations  for,  7635 84 

Tax  levy  for,  7639,   7640 .~ 85 

How   expended,    7640 85 

Village  districts  may  establish ,   7631 83 

Location. 

School  house,   convenience  of,   7644 - 87 

Lot. 

Election  decided  by,   when,-  5121 61 

Me 

M 
Manual  Training. 

Boards  of  education  may  provide ,   7722 107 

Map. 

Attached  territory,   to  be  made  of,  4706,   4711,    4714 ...35,  37,  39 

Special  districts,  map  of,  4729 42 

Territory  transferred  from  one  district  to  another,   map  of,  4692, 

4693 31,  32 

Township   district,    map  of,    4716 39 

Mechanics'  Institute. 

Authority  to  borrow  money,   issue  bonds,   etc.,   9982 197 

Directors  and  trustees  not  personally  liable  for  debts,  9982 197 

Objects  of  institute,  enlarged,   how,  9973 194 

Organic  rules  which  may  be  prescribed  in  articles  of  incorporation, 

9972    194 


238  INDEX. 

Medical  College.     (See  Colleges.)  page 

Bodies  for  dessection,  may  receive,  9984 197 

Meetings. 

Board  of  education,   city  districts,  4747 47 

Special    districts ,    4747 47 

Township  districts,   4747,  4715 47,  39 

Village    districts,    4747 47 

City  board  of   examiners,    7843 142 

County  board  of  examiners,   7817 135 

Illegal,    when,    4750 48 

-     Ohio  State  University,  trustees  of,   7946 , 170 

Special  meetings,    how  called,    4751 49 

Text  books,  adoption  of  must  be  at  regular  meetings,  7713 106 

Wilberforce  University,   trustees  of,   7980 177 

Memorial  Day. 

Schools  may  be  dismissed  without  forfeiture  of  teachers'  pay,  7687..  97 

Miami  University. 

Annual  report,    7940 169 

Appointment  of  trustees,    7939 169 

Duty   of    standing   committee    on    colleges    and    universities    of    the 

legislature,    7941  *! 169 

Levy    for,    7924    166 

Military  Academy.     (See  Academy.) 

Minor. 

Aiding  or  abetting  delinquency  of,   under  seventeen,    1654 21 

Attendance  at  school  of,  7767 119 

Commitment  to  reformatory  of,  proceedings,   7774,  7780,   7782 122,  124 

Employment  of,  between  certain  ages,   when  schools  are  in  session, 

unlawful,    7767    119 

Proper  parental  care,    defined,    1646 18 

Money.     (See  Funds.) 

Month. 

School   month,    length  of,   7689 97 

Municipal  University.     (See  University.) 

Museum. 

Association,  rules  for  organization  of,  9972-9974 194-195 

Board  of  education  may  establish ,  7643 86 

Music. 

Special  certificates  in,  may  be  granted ,  7832 139 


INDEX.  239 

N 

Narcotics.     (See  Scientific  Temperance.)  page 

Natural  History  Society. 

Regulations  as  to,    9972,    9973 194 

New  Year's  Day. 

Schools  may  be  dismissed  without  forfeiture  of  teachers'  pay,  7687..  97 

Night  Schools. 

Provisions  for,  7679,  7680 95 

Nominations. 

Members  of  boards  of  education,  by  petition,  4997 60 

Non-Resident. 

Attendance  at  school,  when  permitted,  conditions,  7681,  7682 95,  96 

By  agreement  of  boards,  7734 110 

When  one  and  one-half  miles  from  school  house,  7735 110 

Boxwell  graduates,  privileges  of,  7744,   7747 112 

Normal  Schools. 

Commission    to    establish 158 

Physical  training  must  be  provided  in,  7721 107 

Scientific  temperance,   instruction  in,   at,   7725 -        108 

Penalty  for  failure  to  instruct,  7728 108 

State  normal  schools  established,  7891,  7898 157 

Wilberforce  University  normal  department  at,  7975-7986 195-198 

Notice. 

Attendance  at  nearest  school,  notice  to  board  not  necessary,  7735 110 

Board  of  education,  meetings  of,  4751 49 

Educational  institutions,  notice  of  meetings  of  stockholders,   S957...  191 

Purpose,  name,  notice  of  intended  change,  9966 192 

Election,   notice  of  bond  issue,   7625 80 

Board  of   education,    members   of,    4839 60 

Special  districts,   election  in  newly  organized,   4739 44 

Abandonment  of,  4741-4743 r 44-45 

Tax  levy,   election  for,   7625 80 

Township  districts,  election  of  director,  4717 39 

Teachers'  notice  of  examination ,  7817 ,   7843 185,  142 

Text  books,  publishers  of,  notice  to,  7710. ..'. 105 

Boards  of  education,  given  to,  7711 105 

Truancy,  notice  to  parent,   7773 121 


O 
Oath. 

Board  of  education,  members  and  clerk  of,'  4746 46 

Clerk  of  board  of  education ,  4646 46 

County  auditor  may  administer,   when ,   7800 ".....  130 

Election    officers    in    townships ,    4719 39 

Enumerator,    of.    7796 12^ 


240  INDEX. 

Oath — Concluded  page 

Forms  relating  to 199-2n 

School  officers,   of,  4746 46 

Schools  specially  endowed,  trustees  of,  7988 179 

Special  examiner  of  teachers,   7841 141 

State  commissioner  of  common  schools,   of,   353 13 

Office.     (See  various  officers,  by  name.) 

State  commissioner  of  common  schools  can  not  hold,  other,  354 13 

Officer.     (See  various  officers,  by  name.) 

Charges  against,  investigation  of,  361-367 15-16 

Oath  of  school  officers,  4746 46 

Ohio  State  University. 

Analysis  of  minerals,  by  professor  of,   7963 174 

Attorney  General  legal  adviser  of  board  of  trustees,  of,  7953 171 

Board  of  Trustees. 

Faculty,   compensation  of,  to  fix,  7949 171 

Further  duties  of  board,  7948-7951,  7955-7958,  7961-7963 

171,    172,   173,-174 

Grants  and  devises  of  land  may  be  received  by,  7951 171 

Management  and  control  of,  to  be  vested  in,  7950 171 

Powers  and   duties  of,    7956 172 

Provide  for  lecturers,   board  may,   7954 172 

Branches  taught  at,  7955 / 172 

Ceramics,   department  of,  7958,  7961 172-173 

Clay  working  and  ceramics,   course  in,  7958 172 

Fund  of,  7929 167 

Irreducible  debt  of  state,  part  of,  7971 175 

Interest  on  fund  of  agricultural  college,  invested,  how,  7972 176 

Laboratory  apparatus,  models,  and  machinery,  to  be  provided,  7962.  173 

Meetings   of   board,    7946 170 

Mines,    school   of,    7962,    7963 173,  174 

Named  "The  Ohio  State  University,"  7943. 170 

Officers  of  board,  their  duties,  etc.,  7&44 170 

Professors   employed  to  teach,    7963 174 

Pupils,  who  may  be  admitted  as,  7954 172 

Report   of    trustees,    7947 170 

Style  and  powers  of  board  of  trustees,  7943 170 

Tax  levy  for,   7929 167 

Terms  of  office  of  trustees,   compensation  and  vacancies,   7942 169 

Title  of  lands  to  vest  in  the  state,  7952 171 

Written  analysis  of-  fertilizers  to  be  furnished,  how,  7964 174 

Ohio  University. 

Sale  of  certain  lands,   7932 1^8 

Deed  for,   7933-7935 168 

Proceeds  of,    7936 168 

Tax  on  lands  donated  to,  7937,  7938 169 

Order. 

Teachers'  pay,    for,   illegal,    when,    7786 126 

Treasurer,  order  on,  how  drawn,   4768 55 

Must  produce  order  for  all  disbursements,  4770 56 


INDEX.  .       ^41 

Orphan  Asylum.  page 

Schools  at,   provisions  for,   7G76 94 


Original   Surveyed  Township. 

Apportionment  of  funds,   when  county  line  divides,   7602 72 

Funds  how  paid  in  such  cases,  7585 68 

Enumeration,  when  divided  by  county  line,   7801 ,.  131 


P 
Parent. 

Duty  of,  to  send  minor  children  to  school,   etc.,  7762,   7763 117 

Violation  of  act  relating  to,   7767 119 

\  Patterson   Law. 

Compensation   of    examiners ,    7745 * 112 

County    commencements,    7744 112 

Examinations,   branches  of   study,    7740. Ill 

High  school  attended,   character  of,   7752 114 

Township    commencements,     7742 Ill 

Tuition,'   payment   of,    7747 112 

Penalty. 

Board  of  education,   for  failure  to  levy  cuntn-siut  fund,   7611 74 

Clerk  of  board  of  education,   for  failure  to  make  report,  7790 127 

Corporation,  unlawful  employment  of  minors,   12975,   12982,  12986..  122,   125 

County  auditor,    failure  to  make  statistical  report,   7789,   7790 127 

For  failure  to  make  enumeration  return,  7792 128 

Divulging  examination  questions,    12939 136 

Embezzlement  by  board  of  education,    12878 58 

Employing  relttive  as  teacher,   12932 ; 52 

Enumeration  return,   fraudulent,   12929 132 

Member  of  board  of  education  for  receiving  compensation,    12883...  52 

Neglecting  to  train  pupils  by  means  of  fire  drills,   12900 88 

Neglecting  to  instruct  as  to  dangers  of  fire,   12901 88 

Officers  or  agent  interested  in  contracts,    12910,   12911. 52 

Parent  or  guardian,   liable,   when,   7773   121 

school  officers,  non-enforcement  of  compulsory  education  law,   12981  125 

Teachers'  institute,  executive  committee,   failure  of,  to  report,  7866  149 

Pension  Fund  for  Teachers. 

Appropriation  for  by  board  of  education,  7895 156 

Board  of  education  may  create,   7875 152 

Created  and  invested,    how,    7877 " 152 

Death  of  teacher,   who  shall  receive,   7802 155 

Deductions  from  teachers'  salaries,    7888 155 

Penalties,  fines,  etc.,  to  be  paid  into  fund,  7894 156 

Pension,    amount  of,    7883 *. 154 

Persons   entitled  to,    7882 154 

Principal  and  income  can  be  used,   7886 154 

Resignation  or  removal  of  teacher,   rebate,   7891 155 

Retirement  of  teacher ,#7882 154 

Rules  and   regulations,    7893 155 

16    S.  I.. 


242    .  INDEX. 

Pension  Fund  for  Teachers  —  Concluded.  page 

"Teacher"    defined,    7881 154 

Treasurer   of    funds,    7889 155 

Trustees,    number,    election,   term,   7875,   7876 152 

Wl.en  insufficient  to  pay  teachers,  7885 154 

Personal   Property.     (See  Property.) 

Petition. 

Centralization  of  township  schools,    for,   4726 41 

Evening  schools,    for,    7679 95 

Forms    relating    to 202 

Nominations   by,    4997 60 

Special  district,   creation  of,  4729 42 

Transfer  of  territory,    for,    4693 32 

Physical  Training. 

Instruction    in    required,    where,    7721 107 

Plat. 

Property  to  be  appropriated  for  school  purposes,  plat  of,  7624 79 

School  districts,  plat  of.  4692,  4693,  4706,  4711,  4714,  4716 

31,  32,  85,  37,  39 

Presicfent. 

Board   of  education,    of,    election,    4747 47 

Absence  of  at  meeting,  who  acts,  4747,  4753 47,  50 

Order  on  treasurer,   must  sign,  4768 55 

Record  of  proceedings,   must  sign,   4754 50 

City  Board  of  examiners,   of,   election,  7842 141 

Clerk  of  board  of  education,  bond  of,  to  be  filed  with,«4774 56 

County  board  of  examiners,    election  of,   7815 135 

Educational  institutions ,    of ,    9925 183 

Process  on  board  of  education,   served  on,  4760 53 

Teachers'   institute,    of,    election,    7860 148 

Private  Schools.     (See  Colleges  and   Universities.) 

Report  of,    required,    359 14 

Specially  endowed,  trustees  for,   7987 179 

Accounts  of  trustees,   7993 '. 180 

Bond  of  trustees,  7988 179 

Duties  of  trustees,  7990 180 

Oath  of  trustees,   7988 7 179 

Vacancies,    how   filled,    7989 179 

Visitors   of,    7994 181 

Probate  Judge. 

Appropriation  of  property  for  school  purposes,  jurisdiction,  7624...  79 

Compulsory  education  law,  jurisdiction  of,   7774,   7780 122,   124 

County  examiners ,  appointment  of ,  7811 134 

Report  of  appointment ,   7814 135 

Revocation  of  appointment,   7813 135 

Deaf  children,  report  of,  to  be  returned  to,  7779 124 


INDEX.  243 

Probate  Judge — Concluded.  page 

Special  districts,  petition  for  creation  of,  when  filed  with,  4731 43 

Change  of  boundary,   of,   4732 43 

Costs,    security   for,   4730 42 

-Fees,  same  as  in  civil  cases,  4733 43 

Funds,    division  of,    by,   4732 43 

Hearing  on   petition,    4731 43 

Jurisdiction  of,   4733 43 

Notice  of  hearing,  4731 43 

Petition,  when  district  in  two  or  more  counties,  4729 42 

Remonstrance  against  formation  of,  4730 42 

Tax  valuation  of  district,  minimum,  4728 42 

Transfer  of  territory,   petition  for,   4693 32 

Costs,  security  for,  4693 32 

County  auditor,   certificate  filed  with,  4695 32 

Funds ,  division  of ,  4696 32 . 

Hearing  on  petition,   4694 32 

Jurisdiction    of ,    4695 32 

Notice  of   hearing,    4694 32 

Petition,  when  district  in  two  or  more  counties,  4693 32 

Process. 

Service  of,   on  boards  of  education,   4760 53 

Professors. 

Educational  institutions,  appointment  of,   for,   9922 182 

Faculty,  professors  are  members  of,  9925 183 

Powers  of,   9925 183 

Military  academies,  professors  are  members  of  board,  9960 191 

Ohio  State  University,  employment  and  dismissal  of,  at,  7949 171 

Ceramics ,    department  of ,   instructor  in ,    7961 173 

Chemistry,  analysis  of  fertilizers  to  be  furnished  by  professor, 

in,  7964 174 

Compensation  of ,   how  fixed ,   7949 171 

Mine  and  mine  engineering,  instructor  in  department  of,  7962. 

7963 174 

Universities  of  municipalities,   7902 160 

Proper  Parental  Care. 

Definition    of ,    1646 , 18 

Property. 

School  property,  how  sold  or  exchanged,  4749,  4756 49,  51 

Exempt  from  taxation  or  execution ,   4759 52 

Prosecuting  Attorney. 

Board  of  education,  legal  adviser  of,  4761 53 

Compensation    of ,    4762 53 

Shall  not  be  a  member  of  board,  4762 63 

Funds,  fraudulent  use  of,  duty  as  to  report  of  examiner  of,  367 16 

Tteachers'  institutes,  duties  as  to,  7867 149 

Duty  of  in  Juvenile  Court,  1664 23 

Public  Library.     (See   Library.) 


244  INDEX. 

Publication.  page 

Board  of  education,  sale  of  property  by,  4756 51 

Building  and  repairing,  bids  for,  7623 78 

Receipts  and  expenditures,   by  clerk  of,   4776 57 

City  board  of  examiners,   meetings  of,   7843 142 

County  board  of  examiners,   meetings  of,   7817 135 

Election   notice,    4839    60 

Publishers. 

Text  boolc  law,    requirements  of,   7709-7716 104-106 

Pupils.     (See  Attendance.)  "^ 

Assignment  of  by  board  of  education ,  7684 96 

Expulsion  of ,    7685    ^ 96 

Suspension   of ,    7685 % 

Tuition  of,   may  be  paid  by  agreement  between  boards,   7734 110 


Q 
Qualifications. 

Examiners,  of,   7811,   7838 134,  140 

Teachers  in  common  schools,  7830-7833 138-139 

In  city  and  village  districts,  7821,  7840 136,   141 

Quorum. 

Board  of  education,   of,   what  constitutes,  4752 .    50 

Business  that  a  majority  of  a  quorum  cannot  transact,  4752....  50 

Educational  institutions,   what  constitutes,   9943 170 


Real    Property.     (See   Property.) 

Receipts  and  Expenditures. 

B(5ard    of    education,    clerk   of    to    prepare    and  '  forward    to    county 

auditor,    4775,    7787 '. 57,  127 

Publication  of,   4776    57 

Record. 

Board  of  education,   how  kept,   4754 50 

Approval  of,  4754   50 

Public  record,    is,    4754 50 

Bonds,   record  of  issue,   7626 82 

Educational  institutions,    of,    9967 175 

Relief. 

Board  of  education  may  afford  to  needy  children,  7777 123 

Religion. 

School    funds,    religious    sects    shall    have   no   control   of.    Art.   VI, 

Sec.  2    7 


INDEX.  245 

Reports.  page 

Board  of  education,  financial  and  statistical,  4775,   7787,   7788 57,   127 

City  board' of  examiners,  to  state  school  commissioner,  7854 144 

Appointment  of,   report,   7839 141 

City  districts,   publication  of  reports,   7785 126 

Clerk  of  board  of  education,  of,  4775,  7787,  7788 57,   127 

Enumeration,  report  of,  to  auditor,  7799 ! 130 

Failure  to  make,   other  person  to  be  appointed,  7789 127 

Financial ,    publication   of ,    4776 57 

Penalty  for  failure  to  make,  7790,  7791 127,   128 

Teachers'   report  to  be  filed  with,    before  order  is   drawn   for 

pay   of,    7786    126 

Colleges ,    report  of ,    359 14 

Copies  of  all  reports  may  be  required  by  the  state  commissioner,  355  13 

County  auditor,  to  state  commissioner,   7789 127 

Enumeration  returned  by,   to  state  commissioner,   7803 131 

Penalty    for    not   making,    or    for    making    fraudulent    reports, 

7790,   7792,    12929 127,  128,  132 

Report  of  clerk  to,   failure  to  make,  auditor  may  appoint  other 

I.c-son,   7791   128 

County  board    )f  examiners,  clerk  of,  to  make,  7815,  7820,  7836 

135 ,    136 ,  140 

Enumeration  return  by  clerk  to  auditor,  7799 130 

County  auditor  to  state  commissioner,   7803 131 

Original  surveyed  township,   by  auditor,    7801 131 

Examiner  of  school  funds,  report  of,  362-366 15-16 

Ohio  State  University,   report  of  teachers,  7947 170 

Private  schools,    report  required,    359 14 

Probate  judge,   appointment  of  school  examiners,  7811 134 

State  commissioner  of  common  schools,  report  of,  360 14 

Superintendent  of  schools  of,  7784,  7785 126 

Teachers,   report  of,  7772,  7784 121,   126 

Report  must  be  filed  with  clerk  before  order  is  drawn  for  pay 

of,    7786 126 

Treasurer  of  board  of  education,  to  auditor,  4770 56 

Truant  officer,   reports  of,  7771,   7777,   7779 120,   123,   124 

Penalty  for  failure  to  make,   12981 125 

Visitors  to  certain  endowed  schools,   to  report,   7994 181 

Wilberforce  University,  report  of  trustees,  7984 178 

Representative.     (See  General   Assembly.) 

Returns.     (See  Elections,   Reports.)  / 

Revocation.     (See  Certificate.) 

Rules  and  Regulations. 

Board  of  education,   4750 48 

County  board  of  examiners,  for,  7816 135 

Teachers'  pension  fund,  for,  7893 155 

Vaccination,    rules   for,   7686 97 

S 
Sale. 

Board  of  education,   sale  of  property  by,  4756 51 

Text  books,  sale  of,  7709-7716 104,   106 

17*     s.  L. 


246  INDEX. 

Salt  and  Swamp  Lands.  page 

Proceeds  of  sale  of,  how  applied,  7577,  7578 66 

Salaries.     (See  Compensation.) 

May  be  increased,   but  not  diminished,  7690 98 

Minimum ,     7595 70 

Scholarships. 

Stock  of  colleges,  etc.,  may  be  changed  into,  9927 18S 

Schools. 

Admission  of  non-residents,  by  agreement  of  boards,  7734 110 

Boxwell  examinations  for  high  school  attendance,  7740 Ill 

Children's  homes,    school,    at,   7676 94 

Closing  of,  on  holidays,   7687 97 

During  session  of  teachers'  institute,   7869 150 

Contifiiied ,  must  be,  how  long,  7644 87 

Conveyance  of  pupils,   to,  7730,   7732 109 

Deaf  children,   schools  for,  7755-7761 114-115 

Dismissal  of,   on  holidays,  7687 97 

Teachers,   to  attend  institute,   7869 150 

Examination  of  schools,  by  city  boards  of  examiners,  7840 141 

Evening  schools,   7679,   7680 ' 95 

Free  to  whom,   7681 95 

German  language ,    in ,   7729 108 

High   schools,    7649-7672 89-93 

Teachers'  certificate  in ,   7831 139 

Infirmary,    schools  at,    7676 94 

Janitor  of,    7690 98 

Number  of,    required,    7644 87 

Orphans'  asylum ,  schools  at,  76?B 9^^ 

Physical  training  in,   7721 101 

Private  schools,   refjort  of,   359 U 

Pupils,   admission  of,   etc.,   7681,   7682 95,  9\'; 

Attendance  enforced,   7762,   7763 11' 

Non-resident,   attendance  of,   7681,   7734,   7735 95,  110 

Scientific  temperance,  instruction,  in,  7723 108 

State  commissioner  of  common  schools,   as  to,  352-367 13-16 

Studies,   7648,    7649 89 

Text  books,  in,  7709-7716 104-106 

School  Books.     (See  Yext  Books.) 

School  Book  Commission. 

Membership   of,    7710 105 

Price  of  text  books,  maximum,  fixed  by,  7710 105 

Publishers,   failure  to  furnish  books,  a<5tion  by  com-missi<i>n,7712 105 

School   Districts.     (See  City,  Village,  Special  and   Township.) 

Classification  of,   4679   29 

Territory,   transfer  of,   4692-4695 31-32 

School  Funds.     (See  Funds.) 


INDEX.  247 

School  Houses.                                         '  page 

Advertising  by  board  of  educatioiii  for  bids  for  building.,   etc.,  7G23..  78 

Appropriation  of  land  for,  7624 79 

Boards  of  education,  to  provide,  7620 77 

Directions  for  bidding  for  and  letting  contracts,  7623 78- 

Bonds   for,    7626-7630 ! 82-8? 

Building,   repairing,    etc.,   7620 7T 

Contracts,  directions  for  bidding  and  leting,  7623 78- 

Entertainments,  use  of  school  house  for,  7622 78 

Exempt  from  taxation  and  execution,   4759 52- 

Flag,    display  of,   7621 78 

Taxation ,   exempt  from ,  4759 : 52 

Tax  levy  for,  when  and  how  submitted  to  voters,  7625 80 

Bonds    of,    7626 82 

Certificate  of  levy,   to  county  auditor,   7628 82 

School    Rooms. 

Renting  of  by  boards  of  education,  7620 77 

Schools  Specially  Endowed. 

Provisions  relating  to,  7987-7!»!»4 179-181 

Scientific  Temperance. 

Board  of  education,   to  require  instruction,   in,   7724 108 

Educational  institutions,   required  to  teach,   7723 108 

Normal  schools,   instruction  in,    at,   7725 108 

Penalty   for   non-enforcement,    7728 • 108 

Regular  branch  of  study,  to  be,   7723 108 

State  commissioner  of  common  schools,   duties  as  to,   7727 108 

Teachers'  certificates,   not  granted  without  examination  in,   7726 108 

Institute,   instruction  at,    7725 108 

Secretary  of  State. 

Educational    institutions,    articles    of    incorporation    filed    with    sec- 
retary,   9923,    9970 183,  194 

Fees    of,    8871 194 

School  book  commission,   is  a  member  of,    7710 105 

State  commissioner  of  common  schools,   bond  of,    to  be-  fikd  with, 

353 13 

Section  Sixteen. 

Enumeration   of   youth ,    in ,    7794 129 

Funds  derived  from,   investment  of,   7579,   7580 66 

Senator.     (See  General  Assembly.) 

Session. 

Schools  of,  length  of  time,   7644 87 

Settlement. 

Treasurer  of  district,  with  county  auditor,   4770,   4772' 56 


248  INDEX. 

-Sinking  Fund.  page 

Board  of  education  shall  establish,  when,  7613 75 

Board  of  commissioners  of,   7614 75 

Investment   of,    7615 76 

Refunding  debt,   7616   76 

Report   of,    7617 76 

Securities  may  be  sold,  7615 76 

^Ites. 

Board  of  education  to  furnish,  7620 77 

Bonds  for,   7626,  7629 82,  83 

Solicitor.     (See  City  Solicitor.) 

Special   Districts. 

Abandoned,    how,    4741-4744 44-45 

Board  of  education,  membership  of,  4736 44 

Election  of,    4738 44 

Organization    of,    4747 * 47 

Terms  of  members ,   4737 44 

Clerk  of  board  of  education,   election  of,  4747 47 

Compulsory   attendance   in,    7762-7783 117-125 

Conveyance  of  pupils,    7732 109 

Continuance  of   district,    4741-4743 44-45 

Defined,  4684 30 

Election  in ,   how  conducted ,   4738 44 

In  new  district,    4739 44 

On   abandonment,    4741-4743 44-45 

Established  by  petition,   4728-4732 42-43 

Funds,  division  of  on  creation  of,  4732 43 

Officers  of,   continued  in  office,  4735 43 

President,    election   of,    4747 T. 47 

Tax  levy,  maximum  for,   7591-7592 69,  70 

Territory  transferred  from  one  district  to  another,  4692,  4693 31 

Treasurer ,    election  of ,    4763 54 

Tuition,   payment  of  under  "Boxwell  law,"  7747 112 

Special  Meetings. 

Boards  of  education ,   of ,  4751 49 

Notice    necessary,    4751 49 

State  Board  of  Examiners. 

Appointment  of,    7805   133 

Certificates  issued  by,    7807 133 

Compensation  of  members ,    7810 •    134 

Examination   fees,    disposition   of,    7809 134 

Term    of    members,    7806 133 

Vacancies  in ,   how  filled ,   7806 133 

State  Commissioner  of  Common  Schools. 

Appeal  to,  by  applicants  for  teachers'  certificate,  7857,  7858 144 

Board    of    examiners,    report    of    appointment    of    members    of,    to 

7814,   7839   135,  141 

Report  of  board,  to,  7836,  7854 140,  144 


INDEX.  249 

State  Commissioner  of  Common  Sciiools — Concluded.  page 

Bond  of,  .353 13 

Books  and  papers,  preservation  of,  354 13 

City  districts,  may  sub-divide  when  board  fails  to  act,  4701 34 

Colleges,   reports  of,   to,   359 14 

County  auditor,  reports  of,  to,  7789,  7803 127,  131 

Duties. 

Attendance  of,  at  office,   required,  354 13 

Certificate  to  county  auditor  for  receipt  of  reports,  7793 128 

Examination  questions,    uniform   system   prescribed,    duties   as 

to,   7819   136 

Forms  prepared,  and  furnished  by,  357,  356,  7788 14,  127 

Laws,  preparation  and  distribution  of,  356 14 

School  funds,   investigation  of,  duties  as  to,   362 15 

Scientific  temperance,   duty  as  to,   7727 108 

Visitations  by,  354 13 

Election  of,    352 13 

Enumeration    return   to ,    7803 131 

Action  by,   when  enumeration  excessive,   7804 131 

Forms  for  blank  books,   report  blanks,   etc.,  prepared  by,   356,  357, 

7788    14,  127 

High  schools,  shall  classify,  7661 91 

Office  of,   where  located,   354 13 

Report  of ,  publication ,  contents ,  360 14 

Copies  of  all  reports  of  school  officers  and  any  other  information 

may  be  required  by  the  commissioner,  355,  7788 14,  127 

School  book  commission,  is  a  member  of,  7710 105 

School   funds,    supervision  over,   355,   362 14,   15 

State  board  of  examiners,  appointment  of  members,   by,  7805 133 

State  certificates,   countersigned  by,   7808 134 

Superintendent  or  teacher,  commissioner  shall  not  be,  354 13 

Teachers'  institute,  report  of,  to,  7863,  7865,  7874 .149,  151 

Commissioner  may  hold  institute,  when,  7868 149' 

Term    of,    352 13 

Text  books,  filed  at  office  of,  7709 104 

Notice  to  boards  of  education,   7711 .  .• 105 

Price,  maximum,  fixing  of,  7710 105 

.  Publishers'  list  price,   filing  of,   7709 .' 104 

Notification  to,   7710 105 

Vacancy  in  office,   of,   how  filled,  352 13- 

State  Common   School    Fund.     (See   Funds.) 

State   Certificate.     (See   Certificate.) 

State  School   Book  Commission.     (See  School   Book  Commission.) 

State  Treasurer. 

Bond  of  state  commissioner  of  common  schools,  to  be  filed  with,  353  13 

Statistics. 

Report  of,  4775,  7784,  7787-7789 65,  126-127 

Statutes. 

Interpretation    of ,    27 11 


250  INDEX. 

Stockholder.  page 

Educational  institutions,   assessments  of,   9956-9959 ,.  191 

Studies.     (See  Branches  of  Study.) 

Sub-districts.     (See  Director.) 

City  districts,  certain  cities  shall  be  sub-divided,  4700 34 

Redistricting,    4701 34 

State  school  commissioner  to  act  when  board  fails,  4701 34 

Township   districts,    election  of   director,    powers  and   duties,    4717- 

4722 39-40 

Enumeration  taken  by  director,  4722 40 

Existing  sub-districts  recognized  for  school  attendance,  4716...  39 

Change  of,   4716 39 

w 

Summons. 

Board  of  education,  summons  for,  4760 53 

Superintendent  of  Buildings. 

Appointment  of  by  board  of  education,  7690 98 

Superintendent  of  Schools. 

Appointment  of,  7690,  7702,  7705 •. . . .  98,   103 

Board  of  education,  elected  by,  7690,  7702,  7705 98,  103 

City  boards  of  examiners,  to  give  information  to,  7841. 141 

Compensation  of  fixed  by  board  of  education,   7690 98 

Duties  of,   7703 103 

Employment  of,  7690,  7702,  7705 98,   103 

Order  for  pay  of,  when  illegal,  7786 126 

Penalty  for  failure  to  enforce  temperance  instruction  law,  7728 108 

Private  teacher,  is  judge  of  qualifications  of,  7763,  7767 117,   119 

Pupils  may  be  excused  from  attendance  by,  7763 117 

Suspension  of,    by,   7685 96 

Reports  required  of,  4775,  7784,  7786,  7788 57,  126,   127 

Teacher,  may  appoint  in  city  districts,  7703 103 

Suspension  of,   by,   7703 103 

Term  of,  maximum,  7702,  7705 103 

Truant  officer,  directions  to,  by  superintendent,  7771,  7773 120,   121 

Report  ©f ,   to  superintendent,  7771 120 

Suspension. 

Director  in  city  districts,  may  be,  7698 102 

Pupils  may  be  suspended  from  schools,  7685 96 

Schools  may  be  suspended  in  subdistricts,   when,  7730,  7731 109 

Discontinued  in  sub-districts,   when,   4726 41 

Schools  specially  endowed,  suspension  of  trustees  of,  7989 179 

Teacher  may  be,  by  superintendent  in  city  districts,  7703... 103 

Swamp  Lands. 

Interest  upon  proceeds  of  sale  of,  disposition  of,  7577,  7578 66 


INDEX.  251 


Tax.  PAGE 

Board  of  education,  regular  tax  levy,  by,  7586,  7587 68 

Certificate  of,   to  cownty  auditor,   7594 70 

Maximum  levy  by,   authorized,   7591 69 

Special  levy  by,   election  for,  7628 82 

Manual  training  school,  tax  for,  7722 107 

Compulsory  education  law,   tax  authorized,   when,   7738 110 

Election  on  question  of  special  levy,  7592,   759S,  7625 70,  80 

High  schools,   township  districts,   tax  for,   7668 92 

Township  or  joint  township  high   school,    election   on   question 

of  levy  for,   7669.' 92 

Election  not  necessary,    when,    7669 92 

Maximum  levy  for  all  districts ,    7591 69 

Ohio  State  University,   tax  for,   7929 167 

Ohio  State  University,   lands  of,   on,  7935,   7937,   7938 168,   169 

Property  of  board  of  education,   exempt  from,  4759 52 

School  property,  exempt  from  taxation.  Art.  XII,   Sec.  2,  4759 8,  52 

School  tax  paid  by  non-residents  to  be  credited  on  tuition,  7683 96 

Special  levy,   election  on  question  of,   7625 80 

Certilicate  of,   to  county  auditor,   7628 82 

State  school  tax,   7575 \  65 

Tax  levy ,   maximum  for  schools ,   7591 69 

Estimate  for,   certified  to  county  auditor,   7594 70 

Levy  to  exceed  maximum,  must  be  submitted  to  vote,  7592 70 

Universities  of  municipalities,    for,    7908,    7909 162 

Teachers. 

Appointment  of,  7691,   7703,  7705 100,   103 

Certificate  granting  of,   7807,   7821,   7844 133,   136,   142 

Branches  of  study  necessary,  7726,  7830,  7832 108,   138,   139 

Elementary  7830    , 138 

Fee  required   for,    7809,    7818 134,  136 

High  school,   7831    139 

On  diploma,  7825,  7858-1  to  7858-7 137,   145-147 

Original  or  copy  must  be  filed  with  the  clerk  of  the  board  of 

education,   7786    126 

Prerequisite  to  employment  of,    7786,   4777 126,  57 

Revocation  of,  7808,  7822,  7850 134,   137,   143 

Special,    7832    139 

Compensation  of ,   how  fixed ,   7690 ; 98 

Dismissal  of,   7665,  7701,   7703..... 92,  103 

For  insufficient  cause,    may  institute  suit,    7708 104 

Duties   of ,    7707    104 

Elementary  schools,   certificates  for,   7830 138 

Employed  as,  who  may  be,  7830-7832 138-139 

Epidemic,   shall  receive  pay  when  schools  are  closed  on  account  of, 

7690    ' 98 

Examination  of,    for  certificates,    7817,   7819,   7821-7827,   7829-7832, 

7840-7850    135,   136-137,  138-139,   141-143 

High  schools  in  townships,    teachers  in,    7665 , 92 

Certificates  for,   what  required ,   7831 139 

Holidays,   may  dismiss  schools  on,   7687 97 


252  INDEX. 

Teachers — Concluded.  page 

How   paid 214 

Institute,   may  organize,   7859,   7871 148,  150 

Schools  may  be  dismissed  for  teachers  to  attend,  7869 150 

Teachers  shall  receive  pay  for  attendance,  7870 150 

Investigation  of,   by  county  examiners,   7827 137 

Janitor  work  not  required  of,   7707 104 

Order  for  pay  of,   when  illegal,   7786 126 

Pension  fund.     (See  pension  fund  for  teachers.) 

Qualifications  for  employment  in  schools,  7726,  7830,  7832 108,  138-139 

Report  of  schools,  required  by,  7777,  7786,  7784 121,   126 

Salary ,    minimum    of ,    7595 70 

Clerk  authorized  to  draw  warrant  for,   when 214 

Scientific  temperance,   must  be  examined  in,   7726 108 

State  commissioner  of  common  schools,  duties  as  to,   354,  7858 13,   144 

Suspension   of   pupils  by,    7685 96 

Term  of  appointment,    maximum,   7691,    7705 100,   103 

Teachers'   Institute. 

Bond  of   executive  committee,    7863 149 

Forfeiture  of   bond,    7867 149 

City  districts ,   institutes   for,   7871 150 

Funds  for,  how  provided,  7820,  7855,  7872 136,   144,   150 

County  auditor  to  pay  to  executive  committee,  7864" 149 

Unexpended  balance  to  be  returned  to  county  treasury,  7864...  149 

Organization  of,    7859    148 

Purpose    of,    7859^ 148 

Report  to  state  commissioner  of  common  schools,  7865,  7874 149,   151 

Penalty  for  failure  to  report,   7866 149 

Scientific  temperance,    instruction  in,    required,    7728 108 

Sessions,    length  of,    7874 151 

State  commissioner  of  common  schools,  to  visit,  354 13 

May   hold   institute,    when,    7868 149 

Teachers  may  dismiss  school  to  attend,   7869 150 

Shall  receive  pay  for  attendance,  7870 150 

Temperance.     (See  Scientific  Temperance.) 

Territory. 

Annexed  for  school  purposes ,   4690 ,   4691 '. 31 

Detached    for  school   purposes ,    4680-4683 29-30 

Transfer   of,    4692^694 31-32 

Text   Books. 

Adoption  of  by  boards  of  education,   7713-7716 106 

Board  of  education,  may  appoint  agent  for  sale  of,  7715 106 

Failure  of  publishers  to  furnish,  action  taken  by  board,  7712. . . .  105 

Notice  to,  of  publishers  entitled  to  sell  books,   7711 105 

Purchase  and  sale  of,    by,   7713-7715 .' 106 

Exchange  of,   with  pupils,   7716 106 

Failure  of  publishers  to  furnish,   action  to  be  taken  by  commission, 

7712 105 

Filing  of,  in  office  of  state  school  commissioner,  7709 104 

Free  school  books,  7739 Ill 


INDEX.  253 

Text  Books  —  Concluded.  page 

Notice  to  publishers,  7710 105 

Price  of,  how  fixed,  7710. 105 

Publishers'  price,  filing  of,  7709 104 

School  Book  Commission,  how  constituted,  duties,  7710,  7712 105 

Thanksgiving   Day. 

Dismissal  of  schools,   on,  7687 97 

Tie  Vote. 

Election  of  member  of  board  of  education,  tie  vote  decided  by  lot, 

5121 61 

Toledo  University. 

Provisions  applying  to,    7915-7922 163-165 

Township  Districts. 

Attached  territory,   assignment  of,   4714 39 

Electors  in,   voting  of,   4714 39 

Board  of  education,  election  of,  4712,  4713,  4862,  4997,  4998,  5049, 

5120,    5121    38,  60,  61 

Meetings  of,  4715,  4747 39,  47 

Special  meetings ,  how  called ,  4751 49 

Membership   of,    4712 38 

Organization  of ,  4747 47 

Payment  of  teachers,   may  provide  for 214 

Centralization  of,  4726,  4727,  7730,  7731 41,   109 

Clerk  of,   4747 47 

Commencements,  held  in,  7742 Ill 

Expenses  of,  how  paid,  7746 112 

Compulsory  attendance,   in,   7762-7783 ' 

Contingent  fund,  apportionment  to,  7600,  7602 71 ,  72 

Defined,    4683 30 

Director,   election  of,  4717 39 

Enumeration  taken  by,    4722 40 

Powers   and  duties   of,    4722 40 

Forms  relating  to 199-211 

High  schools   in,    7663-7672 91-92 

Joint  sub-districts  abolished ,   4723 40 

Attached  to  township  district,  4723 40 

Map  of,  filed  with  county  auditor,  4724 40 

Map  of,   4716 39 

Sub-districts  recognized  for  school  attendance,  4716 39 

Discontinued,    when,    7730,    7731,   4726,    4727 109,  41 

Number  of  schools  required  in,  7646 89 

Schools  of,  continued  same  length  of  time,  7644 87 

Tax  levy  authorized ,   maximum ,   7591 69 

Teacher,  election  of,  in,  7691,  7705 100,  103 

Territory  transferred,  how,  4692-4695. 31-32 

Treasurer  of.     (See  board  of  education,  treasurer  of) 

Tuition,  payment  of  to  high  school,  7734,  7747 110,   112 

Township    Treasurer.     (See   Treasurer   of    Board    of    Education.) 

Board  of  education,  is  ex-officio  treasurer  of,  4763 54 


254  INDEX. 

Township  Trustees.  page 

Corpse,  surrender  of  by,  for  dissection,  9984 : 197 

Relief  of  indigent  children,  to  secure  school  attendance,  7777 123 

Vaccination  of  pupils,  duties  as  to,  7686 97 

Transfer. 

Funds ,  amount  that  may  be ,  5655 80 

Surplus  of  special  tax  or  loan,  5654 80 

Surplus  in  established  fund,  5655 80 

When  may  be ,  5655 80 

Pupils  of,  from  one  district  to  another,  7734 110 

Assignment  of,   7684 96 

When  pupil  lives  more  than  one  and  one-half  miles  from 

school,   7735 110 

Territory  from  one  district  to  another,  4692-4695 31-32 

.    Form  for   205 

Transportation. 

Centralized  townships,   of  pupils  in,  4726,  4727 41 

Special  districts,   of  pupils  in,   7732 109 

Sub-districts,   of  pupils  in,   7730,   7731 109 

Traveling  Expenses. 

Examiner  of  school  funds,   of,   366 16 

State   examiners,    of,    7810 134 

Treasurer  of  Board  of  Education. 

Accounts  of ,   how  kept ,   4778 66 

Bond  of ,   execution  of ,  4764 54 

Copy  of,  to  be  filed  with  county  auditor,  4766 55 

Funds  must  be  produced  and  counted,  on  filing  of  bond,  .4767..  55 

New  bond  may  be  required ,   4765 ' 54 

Compensation    of ,    4781 58 

Disbursements  by ,    4768 55 

Election  of,   4763   54 

Forms   relating  to    199-211 

Funds,   amount  treasurer  may  hold,   4769 55 

Embezzlement  by,   penalty  for,    12878 58 

May  receive  or  pay  money ,   when ,  4768 '. 55 

Orders   on ,    how    drawn ,    4768 55 

Receipt  of  moneys,    by,    7594,   4768 70,  55 

School  district,  treasurer  of,  how  selected,  4763 54 

Settlement  with  county  auditor,    4770 56 

/       Penalty  for  failure  to  make,   4772 56 

Successor,   delivery  of  property  to,   4773 56 

Teachers'  institute  in  city  districts,    funds  of,    to  be  paid  to  county 

treasurer,    when,    7873 150 

Term   of,    4763    54 

Treasurer  of  County.     (See  County     Treasurer.) 

Trial. 

Blind  children,  hearing  to  determine  advisability  of  sending  to  state 

institution ,    for  7778    124 


INDEX.  255 

Trial  —  Concluded.  page 
Deaf  and  dumb  children,  hearing  to  determine  advisability  of  send- 
ing to  state  institution,    for,   7778 124 

Juvenile   disorderly   persons,    proceedings    against,    7774 122 

Parents,    proceedings   against    for    failure   to   compel   children's    at- 
tendance at  school,   7773,    12977 121,   122 

Teacher,  trial  of,  by  school  examiners,  7827,  7850 137,   143 

Truant. 

Forms  relating  to  truancy 211 

Juvenile  disorderly  person,   truant  is,   7768 120 

Penalties,    7774,    12977 122 

Proceedings  against,   7773-7775 121-123 

Report  of,  by  principal  and  teachers,   7772 121 

Truant  Officer. 

Complaint  by,   against  child,   7774 122 

Deaf,  dumb  and  blind  children,   report  of,  7778 124 

Forms  relating  to  duties  of 199-211 

Notice   to    parents,    7773 121 

Parent,    warning  to,    by,    7773 121 

Penalty,   for  neglect  of  duty,   12981-12985 125 

Powers   and   duties,    7770,    7771 120 

Relief  of  indigent  child,   report  of,   7777 123 

Report  to,   by  principals  and  teachers,   7772 121 

Trustees.     (See  Township  Trustees.) 

Universities  of  municipalities,  trustee  of  property  of,  7917 164 

Educational  institutions,  trustees  of,   9922-9979 182-196 

Ohio  State   University,    of,    7943-7972... 170-176 

Schools  specially  endpwed,   trustees  of,   7987-7994 179-181 

Wilberforce  University,    of,    7975-7986 176-178 

Tuition. 

Free,   when,    7681    95 

Non-residents,   entitled  to  credit  of  school  tax  paid  within  the  dis- 
trict,  7683    96 

Payment  of,  by  agreement  between  the  boards  of  education,  7734...  110' 

For  "Patterson"  graduates,   7747 112 

Pupils    residing   more   than    one    and    one-half    miles    from    school, 

payment  of,   7735   110 


U 
United  States  IVIiiitary  District. 

Enumeration  of  youth  in,    7794 129 

Funds  derived  from  sale  of  lands  in,   disposition  of,   7579,  7580 66 

University.     (See  Colleges  and   Universities.) 

University  of  Cincinnati. 

Admission  to,    regulated,    7920 165 

Bequests,    may    accept,    7915 163 

Degrees,    when  conferred,   7904 161 


256  '  INDEX. 

University  of  Cincinnati  —  Concluded.  page 

Funds,    application   of,    7916 163 

Accounts  of,   how  kept,   7918 164 

Site   and   grounds,    7906 161 

Tax  for,   how  levied,   7908 '162 

University  of  Toledo.     (See  Toledo  University.) 


V 
Vacancy. 

Board  of  education  in,   how  filled,   4748... 47 

City  board  of   examiners,    in,    7839 r. 141 

County  board  of  examiners,   how  filled,   7814 135 

Director  in  township  districts,  how  filled,  4720 20 

Educational  institutions,  in  board  of  trustees,  how  filled,   9930 184 

Ohio  State  University,  in  board  of  trustees,  how  filled,  7942 169 

Schools  specially  endowed,  board  of  trustees  of,  7989 , 179 

State  board  of  examiners,  how  filled,  7806 133 

State  commissioner  of  common  schools,  in  office  of,  352 13 

Wilberforce  University,  in  board  of  trustees,  7978 177 

Vaccination. 

Free  in  certain  cases ,  7686 97 

Rules  in  regard  to  in  schools,   7686 97 

Village  Districts. 

Abandonment  of,   4688 80 

Abohshment   of,    4688    30 

Disposal  of  property  in  case  of,  4689 31 

Advancement  to,    4687 30 

Attached  territory,   assignment  of,   4711 '". 37 

Electors,    voting  in,    4711 37 

Board  of  education,  election  of,  4708-4711,  4862,  4997,   5032,  5034, 

5039,   5120,   5121 37,  60,  61 

Meetings  of,   4747,    4751 47,  49 

Membership  of,   4708,    4710 37 

Organization  of,    4747 47 

Clerk  of,    4747    47 

Compulsory  attendance  in,   7762-7783 117-125 

Defined,    4681,    4682    29,  30 

Election  in  newly  created  village,   4710 37 

Libraries,   may  be  established  in,   7642   85 

Tax  levy  for ,   maximum ,   7591 69 

Transfer  of  territory,    4692-4695 31-32 

Treasurer  of.     (See  treasurer  of  board  of  education.) 

Village  shall  become  village  district,  4687 30 

Virginia  Military  District. 

Enumeration  of  youth  in,  7794 129 

Visitors.     (See  Board  of  Visitors.) 

Vouchers.     (See  Order.) 


INDEX.  257 

W 
Wages.     (See  Compensation.)  page 

Washington's  Birthday. 

Dismissal  of  schools,  on,  7687 97 

Week. 

School  'week,   length  of,  7689 97 

Wilberforce  University. 

Normal  and  industrial  department  of,  7975 176 

Admission  to,    free,    of   appointee  of   member   of   general   as- 
sembly, 7985  178 

Appropriation  for,  7983,  7986 177,  178 

Board  of  trustees,  appointment  of,  7976,  7977,  7979 176,  177 

Expenses  of,    7980 177 

Meetings  of,  7980 177 

Powers  and  duties  of,   7981 177 

Report  of,  7984 154 

Vacancies  in,  how  filled,  7978 177 

Bond  of  treasurer,  7983 177 

Funds  of,   7983 177 

Non-sectarian  department,    7982 177 

Tax  levy  for,  7986 178 

Woman. 

Registration   of,    4940 60 

Vote  for  school  officers,  entitled  to,  4862 60 


Y 
Year. 

Annual   enumeration ,    7794 129 

School  year,   length  of,  7689 97 

Time  schools  must  be  continued  in  year,  7644 87 

Yeas  and  Nays. 

Board  of  education,  yea  and  nay  vote  of,  must  be  taken  in  certain 

cases,  4752  on  page  50  amended.     See  page 214 

Youth. 

Assignment  of,  to  schools,  by  board  of  education,  7684 87 

Attendance  at  school ,   free ,  when ,  7681 95 

Attendance  of,   enforced,   7762-7783 117-125 

Enumeration  of,  7794-7804 129-131 

Employment  of,  unlawful,   when,   12975 122 

Non-residents,  can  attend  school,  under  what  conditions,  7682,  7683, 

7734,    7735,    7747,    7748.... 96,   110,   112 


DEC    6   .t.n 
HTFT 


ADVANCE  SHEETS 


OF 


SCHOOL  LAWS 


ENACTED  BY  THE  79th  GENERAL 

ASSEMBLY  AT  ITS  REGULAR 

SESSION,  1911 


ISSUED    BY   THE 

STATE  COMMISSIONER  OF 
COMMON  SCHOOLS 

f     ^      of    THE  > 


JOHN    W.    ZELLER,    Commissioner 


(House  Bill  No.  221.) 

AN  ACT 

To  amend  section  3963  of  the  General  Code  relating  to  the  furnishing 
of  water  to  public  schools  and  other  institutions. 

Be  it  enacted  by  the  General' Assembly  of  the  State  of  Ohio: 

Sfxtion  I.  That  section  3963  of  the  General  Code  be  amended  to 
read  as  follows : 

Sec.  3963.  No  charge  shall  be  made  by  the  director  of  public  serv- 
ice in  cities,  or  by  the  board  of  trustees  of  public  affairs  in  villages,  for 
supplying  water  for  extinguishing  fires,  cleaning  fire  apparatus,  or  for 
furnishing  or  supplying  connections  with  fire  hydrants,  and  keeping 
them  in  repair  for  fire  department  purposes,  the  cleaning  of  market 
houses,  the  use  of  any  public  b'uilding  belonging  to  the  corporation,  or 
any  hospital,  asylum,  or  other  charitable  institutions,  devoted  to  the  re- 
lief of  the  poor,  aged,  infirm,  or  destitute  persons,  or  orphan  or  de- 
linquent children,  or  for  the  use  of  public  school  buildings;  but,  in  any 
case  where  the  said  school  building,  or  buildings,  are  situated  within  a 
village  or  cities,  and  the  boundaries  of  the  school  district  include  ter- 
ritory not  within  the  boundaries  of  the  village  or  cities  in  which  said 
building,  or  buildings,  are  located,  then  the  directors  of  such  school  dis- 
trict shall  pay  the  village  or  cities  for  the  water  furnished  for  said 
building  or  buildings. 

Section  2.  That  said  original  section  3963  of  the  General  Code  is 
hereby  repealed. 

Speaker  of  the  House  of  Representatives, 

Hugh  L.   Nichols,  . 
Passed  April  26,  191 1.  President  of  the  Senate. 

Approved  May  6,  191 1. 

JuDsoN  Harmon,  Governor. 


(House  Bill  No.  241.) 
AN  ACT 


To  amend  section  4682  of  the  General  Code  relating  to  villages  with 
less  than  one  hundred  thousand  tax  valuation. 

Be  it  enacted  by  the  General  Assembly  of  the  State  of  Ohio: 

Section  i.    That  section  4682  of  the  General  Code  be  amended  to 

read  as  follows : 

Sec.  4682.    A  village,  together  with  the  territory  attached  to  it  for 

school  purposes,  and  excluding  the  territory  within  its  corporate  limits 


detached  for  school  purposes,  with  a  tax  valuation  of  less  than  one 
hundred  thousand  dollars,  shall  not  constitute  a  village  school  district^ 
but  the  proposition  to  dissolve  or  organize  such  village  school  district 
shall  be  submitted  by  the  board  of  education  to  the  electors  of  such  vil- 
lage at  any  general  or  a  special  election  called  for  that  purpose,  and  be 
so  determined  by  a  majority  vote  of  such  electors. 

Section  2.    That  said  original  section  4682  of  the  General  Code  be^ 
and  the  same  is  hereby  repealed. 

S.    J.    VlNING^ 

Speaker  of  the  House  of  Representatiz'es, 
Atlee    Pomerene^ 
Passed  February  28,  191 1.  President  of  the  Senate. 

Approved  March  6,  191 1. 

JuDSON  Harmon,  Governor. 


(Senate  Bill  No.  285.) 

AN  ACT 

To  amend  sections  7620  and  7625  of  the  general  code,  empowering 
boards  of  education  to  secure  playgrounds. 

Be  it  enacted  by  the  General  Assembly  of  the  State  of  Ohio : 

Section  i.  That  sections  7620  and  7625  of  the  general  code  be 
and  the  same  are  hereby  amended  to  read  as  follows : 

Sec.  7620.  The  board  of  education  of  a  district  may  build,  enlarge, 
repair  and  furnish  the  necessary  school  houses,  purchase  or  lease  sites 
therefor,  or  rights  of  way  thereto,  or  purchase  or  lease  real  estate  to 
be  used  as  playgrounds  for  children,  or  rent  suitable  schoolrooms,  pro- 
vide Ihe  necessary  apparatus  and  make  all  other  necessary  provisions 
for  the  schools  under  its  control.  It  also,  shall  provide  fuel  for  schools, 
build  and  keep  in  good  repair  fences  inclosing  such  school  houses,  when 
deemed  desirable  plant  shade  and  ornamental  trees  on  the  school  grounds, 
and  make  all  other  provisions  necessary  for  the  convenience  and  prosper- 
ity of  the  schools  within  the  subdistricts. 

Sec.  7625.  When  the  board  of  education  of  any  school  district  de- 
termines that  for  the  proper  accommodation  of  the  schools  of  such  dis- 
trict it  is  necessary  to  purchase  a  site  or  sites  to  erect  a  schoolhouse  or 
houses,  to  complete  a  partially  built  schoolhouse,  to  enlarge,  repair  or 
furnish  a  schoolhouse,  or  to  purchase  real  estate  for  playground  for 
children,  or  to  do  any  or  all  of  such  things,  that  the  funds  at  its  dis- 
posal or  that  can  b'e  raised  under  the  provisions  of  sections  seventy-six 
hundred  and  twenty-nine  and  seventy-six  hundred  and  thirty,  are  not 
sufficient  to  accomplish  the  purpose  and  that  a  bond  issue  is  necessary,, 
the  board  shall  make  an  estimate  of  the  probable  amount  of  money  re- 


'^Av.f: " 


'/^,, 


quired  for  such  purpose  or  purposes  and  at  a  general  election  or  special 
election  called  for  that  purpose,  submit  to  the  electors  of  the  district  the 
question  of  the  issuing  of  bonds  for  the  amount  so  estimated.  Notices 
of  the  election  required  herein  shall  be  given  in  the  manner  provided  by 
law  for  school  elections. 

Section  2.    That  said  original  sections  7620  and  7625  of  the  general 
code  be  and  the  same  are  hereby  repealed. 

S.    J.    VlNING^ 

Speaker  of  the  House  of  Representatives. 
Hugh   L.   Nichols, 
Passed  May  31,  1911.  President  of  the  Senate. 

Approved  June  7,  191 1. 

JuDSON  }1arm.o^ ,-  Governor. 


(House  Bill  No.  151.) 
AN  ACT 


To  amend  section  7681  of  the  General  Code,  relative  to  the  admission 
of  youth  to  the  public  schools. 

Be  it  enacted  by  the  General  Assembly  of  the  State  of  Ohio : 

Section  i.  That  section  7681  of  the  General  Code,  be  amended 
to  read  as  follows : 

Sec.  7681.  The  schools  of  each  district  shall  be  free  to  all  youth 
between  six*  and  twenty-one  years  of  age,  who  are  children,  wards,  or 
apprentices  of  actual  residents  of  the  district,  including  children  of 
proper  age  who  are  inmates  of  a  county  or  district  children's  home 
located  in  such  a  school  district,  at  the  discretion  of  its  board  of  educa- 
tion, but  the  time  in  the  school  year  at  which  beginners  may  enter 
upon  the  first  year's  work  of  the  elementary  schools  shall  be  subject  to 
th.e  rules  and  regulations  of  the  local  boards  of  education.  But  all 
youth  of  school  age  living  apart  from  their  parents  or  guardians  and 
who  work  to  support  themselves  by  their  own  labor,  shall  be  entitled  to 
attend  school  free  in  the  district  in  which  they  are  employed. 

Section  2.  That  said  original  section  7681  of  the  General  Code  be 
and  the  same  is  hereby  repealed. 

S.    J.    ViNING, 

Speaker  of  the  House  of  Representatives. 
Wm.   Green, 
President  pro  tern,  of  the  Senate. 
Passed  March  30th,  191 1. 
Approved  April  11,  1911. 

JuDSON  Harmon,  Governor. 


(House  Bill  No.  361.) 

AN  ACT 

To  amend  section  7702  of  the  General  Code,  relative  to  appointment 
of  superintendent  of  city  school  district,  and  to  provide  a  uni- 
form time  for  the  beginning  and  ending  of  superintendent's 
contract. 

Be  it  enacted  by  the  General  Assembly  of  the  State  of  Ohio : 

Section  i.  That  section  7702  of  the  General  Code  be  amended 
to  read  as  follows : 

Sec.  7702.  The  board  of  education  in  each  city  school  district  at 
a  regular  meeting,  between  May  ist  and  August  31st,  shall  appoint  a 
suitable  person  to  act  as  superintendent  of  the  public  schools  of  the  dis- 
trict, for  a  term  not  longer  than  five  school  years,  beginning  within  four 
months  of  such  appointment  and  ending  on  the  31st  day  of  August. 

Provided,  that  in  the  event  of  a  vacancy  occurring  in  the  office  of 
the  superintendent  prior  to  May  ist,  the  board  of  education  may  ap- 
point a  superintendent  for  the  unexpired  portion  of  that  school  year. 

Provided,  also,  that  if  the  vacancy  occur  through  resignation  or  re- 
moval for  cause,  the  superintendent  thus  resigning  or  removed  shall  be 
ineligible  for  reappointment  to  such  office  yntil  after  the  reorganization 
of  the  board  of  education  following  the  next  general  election  of  mem- 
bers of  such  board. 

Section  2.  That  said  original  section  7702  of  the  General  Code 
be,  and  the  same  is  hereby  repealed. 

S.    J.    VlNING^ 

Speaker  of  the  House  of  Representatives. 
Hugh   L.   Nichols, 
Passed  May.  31,  191 1.  President  of  the  Senate. 

Approved  May  31,   191 1. 

JuDSON  Harmon,  Governor. 


(House  Bill  No.  258.) 
AN  ACT 


To  amend  section  7753  of  the  General  Code  relating  to  school 
inspectors. 

Be  it  enacted  by  the  General  Assembly  of  the  State  of  Ohio: 

Section  i.     That  section  7753  of  the  General  Code  be  amended  to 

read  as  follows : 

Sec.   7753.     To   aid   in   the   recognition   and   classification   of   high 

schools,  established  or  seeking  recognition  in  accordance  with  the  pro- 


visions  of  this  chapter,  the  state  commissioner  of  common  schools  shall 
appoint  two  competent  inspectors.  Under  the  orders  and  supervision  of 
the  commissioner  of  schools  such  inspector  shall  make  examinations  of 
any  public  schools  in  the  state,  visit  teachers'  institutes,  confer  with 
various  school  authorities  and  assist  the  state  commissioner  of  common 
schools  in  such  other  ways  as  he  may  direct.  The  term  of  the  inspec- 
tors now  holding  office  shall  continue  until  the  third  Monday  in  July 
following  the  expiration  of  their  present  terms,  and  thereafter  one  of 
such  inspectors  shall  be  appointed  on  the  third  Monday  of  each  July  to 
hold  office  for  two  years  and  until  his  successor  is  appointed  and  quali- 
fied. Such  inspectors  shall  be  paid  an  annual  salary  of  two  thousand 
dollars. 

Section  2.    That  said  original  section  7753  of  the  General  Code  be 
and  the  same  is  hereby  repealed. 

S.    J.    ViNING, 

Speaker  of  the  House  of  Representatives, 

Hugh  L.   Nichols, 

President  of  the  Senate, 
Passed  April  10,  191 1. 
Approved  April  11,  1911. 

JuDSON  Harmon,  Governor. 


(House  Bill  No.  199.) 
AN  ACT 

To   amend   sections  7821   and   7826   of   the   General   Code   fixing  the 
date  of  termination  of  teachers'  certificates. 

Be  it  enacted  hy  the  General  Assembly  of  the  State  of  Ohio: 

Section  i.  That  sections  7821  and  7826  of  the  General  Code  be 
and  the  same  are  hereby  amended  to  read  as  follows : 

Sec.  7821.  County  boards  of  school  examiners  may  grant  teachers' 
certificates  for  one,  two,  three,  five  and  eight  years  which  shall  be  vaHd 
in  all  village,  township  and  special  school  districts  of  the  county  wherein 
they  are  issued.  In  school  districts  situated  in  two  or  more  counties, 
teachers'  certificates  obtained  in  either  county  shall  be  valid  in  such  dis- 
tricts. 

Such  certificate  shall  be  valid  for  one,  two,  three,  five  and  eight 
years  from  the  first  day  of  September  following  the  day  of  the  exami- 
nation. 

Sec.  7826.  Between  regular  examinations  county  boards  of  school 
examiners  at  their  discretion  may  issue  temporary  certificates  which 
shall   be   valid   only   until   the   next   regular   examination   held   by    such 


8 

boards  after  the  issue  of  such  certificate,  and  at  any  regular  examina- 
tion such  board  upon  proper  appHcation  being  made,  subject  to  the  same 
rule::  and  regulations  as  applied  to  the  granting  of  regular  certificates 
shal;  issue  temporary  certificates  which  shall  be  valid  from  the  date  of 
issue  until  the  first  day  of  September  following. 

Section  2.     That  said  original  sections  7821  and  7826  of  the  Gen- 
eral Code  be,  and  the  same  are  hereby  repealed. 

S.    J.    VlNING^ 

;i.  Speaker  of  the  House  of  Representatives, 

Hugh  L.   Nichols, 

President  of  the  Senate, 
Passed  May  31,  191 1. 
Approved  June  8,  191 1. 

JuDSON  Harmon,  Governor. 


(House  Bill  No.  176.) 
AN  ACT 


To  amend  sections  7823  and  7846  of  the  General  Code,  as  amended 
May  10,  1910.  (101  O.  L.  305-306),  relative  to  teachers'  pro- 
fessional certificates. 

Be  it  enacted  by  the  General  Assembly  of  the  State  of  Ohio : 

Section  i.  That  sections  7823  and  7846  of  the  General  Code,  as 
amended  May  10,  1910,  (loi  O.  L.  305-306),  be  amended  so  as  to  read 
as  follows : 

Sec.  7823.  Applicants  for  five-years'  or  eight-years'  certificates 
shall  have  had  not  less  than  forty  months'  experience  in  teaching  and 
shall  make  not  less  than  eighty-five  per  cent,  in  any  branch  and  a  general 
average  of  not  less  than  ninety-two  per  cent.  All  five-years'  and  eight- 
years'  certificates  shall  be  regarded  as  professional  certificates,  and  shall 
be  renewed  without  examination  at  the  discretion  of  the  examining 
board,  except  that  no  such  certificate  will  be  renewable  if  the  holder 
thereof  has  not  been  actively  engaged  in  teaching  within  the  four  years 
preceding.  Such  professional  certificate  shall  be  valid  in  any  county  in 
the  state. 

Sec.  7846.  Applicants  for  five-years'  and  eight-years'  certificates 
shall  have  had  not  less  than  forty  months'  experience  in  teaching  and 
shall  make  not  less  than  eighty-five  per  cent,  in  any  branch  and  a  general 
average  of  not  less  than  ninety-two  per  cent.  All  five-years'  and  eight- 
years'  certificates  shall  be  regarded  as  professional  certificates  and  be 
renewed  without  examination"  at  the  discretion  of  the  examining  board, 


except  that  no  such  certificate  will  be  renewable  if  the  holder  has  not 
been  actively  engaged  in  teaching  within  the  four  years  preceding. 

Section  2.  That  said  original  sections  7823  and  7846  of  the 
General  Code,  as  amended  May  10,  1910,  (loi  O.  L.  305-306),  be 
^nd  the  same  are  hereby  repealed. 

S.    J.    VlNING^ 

Speaker  of  the  House  of  Representatives. 

Wm.  Green, 
President  pro  tern,  of  the  Senate. 
Passed  March  30,  191 1. 
Approved  April  11,  191 1. 

JuDSON  Harmon,  Governor. 


(House  Bill  No.  520.) 

AN  ACT 


To  amend  sections  7830  and  7831  of  the  General  Code,  requiring  the 
subject  of  agriculture  to  be  taught  in  the  public  schools. 

Be  it  enacted  by  the  General  Assembly  of  the  State  of  Ohio :  ~ 

Section  i.  That  sections  7830  and  7831  of  the  General  Code  be 
amended  to  read  as  follows : 

Sec.  7830.  No  person  shall  be  employed  or  enter  upon  the  perform- 
ance of  his  duties  as  a  teacher  in  any  elementary  school  supported  wholly 
or  in  part  by  the  state  in  any  village,  township  or  special  school  district 
who  has  not  obtained  from  a  board  of  school  examiners  having  legal  juris- 
diction a  certificate  of  good  moral  character;  that  he  or  she  is  qualified 
to  teach  orthography,  reading,  writing,  arithmetic,  English  grammar  and 
<:omposition,  geography,  history  of  the  United  States,  including  civil 
government,  physiology,  including  narcotics,  literature,  and  on  and  after 
September  first,  19 12,  elementary  agriculture,  and  that  he  or  she  pos- 
sesses an  adequate  knowledge  of  the  theory  and  practice  of  teaching. 

Sec.  7831.  No  person  shall  be  employed  or  enter  upon  the  perform- 
ance of  his  duties  as  a  teacher  in  any  recognized  high  school  supported 
:^holly  or  in  part  by  the  state  in  any  village,  township  or  special  school 
district,  or  act  as  a  superintendent  of  schools  in  such  district,  who  has 
-not  obtained  from  a  board  of  examiners  having  legal  jurisdiction  a  cer- 
tificate of  good  moral  character ;  that  he  or  she  is  qualified  to  teach  litera- 
ture, general  history,  algebra,  physics,  physiology,  including  narcotics, 
and  in  addition  thereto,  four  branches  elected  from  the  following 
"branches  of  study:  Tatin,  German,  rhetoric,  civil  government,  geometry, 
•physical  geography,  botany  and  chemistry,  and  on  and  after  September 


lO 

first,  1912,  agriculture;  and  that  he  or  she  possesses  an  adequate  knowl- 
edge of  the  theory  and  practice  of  teaching. 

Section  2.    That  said  original  sections  7830  and  7831  of  the  General 
Code  be,  and  the  same  are  hereby  repealed. 

S.    J.    VlNING^ 

Speaker  of  the  House  of  Representatives^ 

Hugh  L.   Nichols, 

President  of  the  Senate^ 
Passed  May  17,  191 1. 
Approved  May  18,  191 1. 

JuDSON  Harmon,  Governor. 


(House  Bill  No.  210.) 
AN  ACT 


To  amend  and  supplement  section  7832  of  the  General  Code,  by  en- 
acting section  7832-1,  relative  to  certificates  issued  to  special 
teachers. 

Be  it  enacted  by  the  General  Assembly  of  the  State  of  Ohio : 

Section  i.  That  section  7832  of  the  General  Code  be  amended' 
and  supplemented  by  enacting  section  7832-1  to  read  as  follows: 

Sec.  7832.  No  person  shall  be  employed  and  enter  upon  the  per- 
formance of  his  duties  as  a  special  teacher  of  music,  drawing,  painting, 
penmanship,  gymnastics,  German,  French,  Spanish,  the  commercial  and 
industrial  branches,  or  any  one  of  them,  in  any  elementary  or  high 
school  supported  wholly  or  in  part  by  the  state  in  any  village,  township- 
or  special  school  district,  who  has  not  obtained  from  a  board  of  exami- 
ners having  legal  jurisdiction  a  certificate  of  good  moral  character;  that 
he  or  she  is  qualified  to  teach  the  special  branch  or  branches  of  study, 
ard,  in  addition  thereto,  possesses  an  adequate  knowledge  of  the  theory 
and  practice  of  teaching. 

Sec.  7832-1.  -  A  ''teachers  special  certificate"  which  shall  be  valid 
for  the  first  four  grades  in  elementary  schools,  shall  be  granted  to  ap- 
plicants who  have  had  one  year's  experience  in  the  public  schools  of 
Ohio  and  who  pass  satisfactory  examinations  for  primary  work.  How- 
ever, nothing  in  this  section  shall  exclude  any  teacher  holding  a  valid 
teacher's  elementary  school  certificate  from  teaching  in  any  grade  below 
high  school  rank. 

Such  examinations  shall  be  held  twice  in  each  school  year,  on  such 
dates  as  the  state  commissioner  of  common  schools  may  prescribe,  of 
which  he  shall  give  at  least  60  days'  written  notice  to  the  clerks  of  the 
various  boards  of  school  examiners. 


II 

Section  2.    That  said  original  section  7832  of  the  General  Code  be, 
and  the  same  is  hereby  repealed. 

S.    J.    VlNING^ 

Speaker  of  the  House  of  Representatives. 

Hugh  L.   Nichols, 
President  of  the  Senate. 
Passed  May  31,  191 1. 
Approved  June  8,  191 1. 

JuDSON  Harmon,  Governor. 


(Senate  Bill  No.  142.) 
AN  ACT 


To  amend  sections  7877,  7878,  and  7891  of  the  General  Code  relating 
to  teachers'  pensions. 

FjC  it  enacted  by  the  General  Assembly  of 'the  State  of  Ohio: 

Section  i.  That  sections  7877,  7878  and  7891  of  the  General  Code- 
be  amended  to  read  as  follows : 

Sec.  7877.  When  the  board  of  education  of  any  school  district  has- 
declared  the  advisability  of  creating  a  school-teachers'  pension  fund,  its 
clerk  shall  notify  each  teacher  in  the  public  schools  and  high  schools,  if 
any,  of  the  school  district,  by  notice  in  writing  of  the  passage  of  such 
resolution,  and  require  the  teachers  to  notify  the  board  in  writing  within 
thirty  days  from  the  date  of  such  notice  whether  they  consent  or  decline 
to  accept  the  provisions  of  law  for  creating  such  a  fund;  but  teachers, 
v/ho,  prior  to  the  first  day  of  July,  191 1,  were  in  the  employ  of  a  board 
of  education  which  has  created  such  a  fund  under  this  law  shall  not  be 
denied  the  right  of  accepting  the  provisions  hereof  before  the  first  day 
of  January,  1912.  After  the  election  of  the  board  of  trustees  herein  pro- 
vided for,  two  dollars  ($2.00)  shall  be  deducted  by  the  proper  officers 
from  the  monthly  salary  of  each  teacher  who  accepted  such  provisions, 
and  from  the  salary  of  .all  new  teachers  such  sum  to  be  paid  into  and 
applied  to  the  credit  of  such  pension  fund;  and  such  sum  shall  continue^ 
so  to  be  deducted  during  the  term  of  service  of  such  teacher. 

All  persons  employed  for  the  first  time  as  teachers  by  a  board  of 
education  which  has  created  such  a  pension  fund  shall  be  deemed  hew 
teachers  for  "the  purpose  of  this  act,  but  the  term  new  teachers  shall 
not  be  construed  to  include  teachers  serving  under  reappointments.  New 
teachers  shall  by  accepting  employment  as  such  accept  the  provisions  of 
this  act  and  thereupon  become  contributors  to  said  pension  fund  in  ac- 
cordance with  the  terms  hereof.  And  the  provisions  of  this  act  shall! 
become  a  part  of  and  enter  into  such  contract  of  employment. 


12 

Sec.  7878.  /\11  moneys  received  from  donation,  legacies,  gifts, 
bequests,  or  from  any  other  source,  shall  also  be  paid  into  such  fund, 
•or  into  a  permanent  fund.  If  paid  into  a  permanent  fund,  only  the 
:ir:terest  thereof  shall  be  applied  to  the  payment  of  pensions. 

Sec.  7891.  A  teacher  who  resigns,  upon  application  within  three 
(3)  months  after  such  resignation  takes  effect,  shall  be  entitled  to  re- 
<:eive  one-half  of  the  total  amount  paid  by  such  teacher  into  such  fund. 
If  at  any  time  a  teacher  who  is  willing  to  continue  in  the  service  of  the 
board  of  education  is  not  re-employed  or  is  discharged  before  his  term 
■of  service  aggregates  twenty  years,  then  to  such  teacher  shall  be  paid 
back  at  once  all  the  money  he  or  she  may  have  contributed  under  this 
law.  But  if  any  teacher  who  has  taught  for  a  period  aggregating 
twenty  years  is  not  re-employed  by  the  board  of  education,  sucli  failure 
to  re-employ  shall  be  deemed  his  retiring,  and  such  teacher  shall  be  en- 
titled to  a  pension  according  to  the  provisions  of  this  act. 

Section  2.  That  said  original  sections  7877,  7878,  and  7891  of 
the  General  Code  be  and  the  same  are  hereby  repealed. 

S.    J.    ViNING, 

Speaker  of  the  House  of  Representatives. 

H.  L.   Nichols, 

President  of  the  Senate. 
Passed  May  31,  191 1.  . 

Approved  June  13,  19 11.  ^ 

JuDSON  Harmon,  Governor. 


(House  Bill  No.  603.) 
AN  ACT 


To  authorize  the  location  of  a  high  school  building  on  the  Ohio  state 
university  campus, 

iBe  it  enacted  by  the  General  Assembly  of  the  State  of  Ohio : 

Section  i.  The  construction  of  a  high  school  building  on  the 
■campus  of  the  Ohio  state  university  is  hereby  authorized  upon  such 
terms  as  may  be  agreed  upon  by  the  trustees  of  the  Ohio  state  uni- 
versity and  the  board  of  education  of  the  city  school  district  of  the  city 
•of  Columbus,  Ohio,  and  such  high  school  shall  be  used  as  an  observation 
and  practice  school  by  the  college  of  education  of  the  Ohio  state  uni- 
"versity  upon  the  terms  and  conditions  as  agreed  upon  by  the  said  board 
•of  trustees  and  the  said  board  of  education. 


13 

At  no   time   shall  the   State   of   Ohio   b'e   called   upon   to   assist   in. 
defraying  the  expenses  of  conducting  or  repairing  such  school. 

S.  J.  Ytninh, 
Speaker  of  the  House  of  Representatives.. 

Hugh  L.   Nichols, 
Passed  May  31,  191 1.  President  of  the  Senate.. 

Approved  June  7,  191 1. 

JuDSON  Harmon,  Governor. 


(House  Bill  No.  101.) 
AN  ACT 


To  make  appropriations  for  the  support  of  the  common  schools 
of  the  state. 

Be  it  enacted  by  the  General  Assembly  of  the  State  of  Ohio : 

Section  i.  That  there  be,  and  is  hereby  appropriated  from  any- 
moneys  raised  or  coming  into  the  state  treasury  for  the  support  of  the* 
common  schools,  for  the  fiscal  year  ending  November  15,  191 1,  the  sum 
of  two  million  four  hundred  and  seventy-five  thousand  ($2,475,000.00) 
dollars,  to  be  distributed  for  that  purpose  at  the  rate  of  two  ($2.00) 
dollars  for  each  enumerated  youth ;  and  paid  in  the  manner  provided  by- 
sections  7582,  7583  and  7584  of  the  General  Code  of  Ohio. 

S.    J.    ViNING, 

Speaker  of  the  House  of  Representatives. 

Atlee    Pomerene., 
Passed  February  14,  191 1.  President  of  the  Senate.. 

Approved  February  20,  191 1. 

JuDSON  Harmon,  Governor. 


(Senate  Bill  No.  18.) 
AN  ACT 


To  provide  for  the  teaching  of  agriculture  in   the  common  schools 
of  the  state  of  Ohio. 

Be  it  enacted  by  the  General  Assembly  of  the  State  of  Ohio : 

Section  i.  That  agriculture  be  added  to  and  made  one  of  the- 
branches  of  education  to  be  taught  in  the  common  schools  of  the  state  of 
Ohio ;  and  that  said  branch  of  agriculture  shall  be  taught  in  all  the  com- 


14 

aiion  schools  of  said  state  of  Ohio,  which  schools  are  supported  in  whole 
■or  in  part  by  the  state;  in  any  village,  township  or  special  school  dis- 
trict; provided  however,  that  the  provisions  of  this  act  shall  not  apply 
to  city  school  districts  of  said  state. 

Section  2.  That  the  state  of  Ohio  be  divided  into  four  agricultural 
districts  to  be  mapped  out,  located  and  defined  by  the  state  commissioner 
<)i  common  schools  of  said  state  of  Ohio;  provided  however,  that  said 
agricultural  districts  shall  be  made  up  and  composed  of  counties  which 
are  contiguous  and  that  no  county  in  the  state  shall  be  divided  in  the 
laying  out  of  said  districts  so  that  part  of  said  county  shall  be  included 
in  one  of  said  agricultural  districts  and  part  in  another  district. 

Section  3.  That  the  state  commissioner  of  common  schools  shall 
■superintend  all  such  agricultural  education  in  Ohio  designated  in  Section 
I  of  this  act,  and  shall  have  full  power  to,  and  shall  appoint  in  each 
and  every  one  of  said  agricultural  districts,  so  mapped  out  and  desig- 
nated by  him,  a  person  to  be  known  as  a  district  supervisor  of  agri- 
culture whose  duty  it  shall  be  to  visit  and  co-operate  with  the  several 
boards  of  education  in  his  respective  district  in  mapping  out  such  a 
course  of  study  in  agriculture  as  they  may  think  best  adapted  to  the 
wants  and  needs  of  the  people  of  the  respective  school  districts;  to 
visit  the  county  teachers  institute  in  every  county  in  his  district  and  give 
public  instruction  in  the  teaching  of  agriculture  to  the  teachers  of  the 
several  schools  designated  in  Section  i  of  this  act;  to  co-operate  with 
the  state  board  of  agriculture  and  give  the  state  such  time  as  may  be 
necessary  to  lecture  on  agricultural  subjects  as  they  may  be  applied  to 
the  schools  designated  in  Section  i  of  this  act  at  least  once  a  year  in 
every  county  in  his  agricultural  district;  to  encourage  county  agricultural 
societies  in  each  county  of  his  agricultural  district  in  establishing  school 
children's  agricultural  exhibits  at  each  annual  county  fair ;  to  make  regu- 
lar reports  to  the  state  commissioner  of  common  schools  at  the  end  of 
each  month,  relating  to  the  promotion  of  agricultural  education  in  the 
schools  designated  in  Section  i  of  this  act,  in  their  respective  agricultural 
districts ;  and  to  make  such  otlier  and  further  reports  to  said  state  school 
couimissioner  and  to  perform  such  other  and  further  duties  for  the  pro- 
motion of  agricultural  education  in  said  schools,  as  the  said  state  school 
commissioner  may  direct. 

Section  4.  That  the  appointments  of  persons  to  fill  the  offices  of 
district  supervisors  of  agriculture  as  designated  and  defined  in  Section 
3  of  this  act  shall  be  made  on  the  first  Monday  of  August,  191 1,  and 
biennially  thereafter,  and  the  persons  so  appointed  district  supervisors 
of  agricultural  education  shall  serve  for  two  years  from  date  of  appoint- 
ment and  not  more  than  two  of  them  shall  be  of  the  same  political  party. 

Section  5.  That  each  and  every  one  of  said  district  supervisors 
of  agricultural  education  designated  and  provided  for  in  this  act  shall 
receive  an  annual  salary  of  two  thousand  dollars   ($2,000.00)   and  his 


15 

iiif'cessary  traveling  expenses  not  to  exceed  one  thousand  dollars 
(^:,ooo.oo)  per  annum. 

Section  6.  That  any  district  supervisor  of  educational  agriculture 
provided  for  in  this  act  may  be  dismissed  from  said  office  by  the  state 
commissioner  of  common  schools  for  incompetency,  immorality  or  neg- 
lect of  duty,  but  no  such  district  supervisor  shall  be  dismissed  without 
just  cause,  when  he  is  known  to  be  making  a  success  of  his  work. 

Section  7.  That  whenever  any  of  the  district  supervisors  of  agri- 
culture provided  for  in  this  act  removes  from  the  district  from  which 
he  was  appointed,  his  office  shall  be  declared  vacant  by  the  state  com- 
missioner of  common  schools  and  whenever  vacancies  occur  in  the  office 
of  district  supervisor  of  agriculture  in  any  district  provided  for  in  this 
.act,  caused  by  death,  resignation,  removal  from  office,  removal  from  the 
district  for  which  he  was  appointed,  or  from  any  other  cause,  said 
vacancies  shall  be  filled  by  the  said  state  commissioner  of  common 
schools. 

Section  8.  That  all  acts  and  parts  of  acts  inconsistent  herewith 
be  and  the  same  are  hereby  repealed. 

Section  9.  That  this  act  shall  take  effect  and  be  in  force  from 
and  after  the  last  Monday  in  July  of  the  year  191 1. 

S.   J.    ViNING, 

Speaker  of  the  House  of  Representatives. 

■  AtLEE     POMERENEi, 

President  of  the  Senate. 
Passed  February  28,  191 1. 
Approved  March  11,  191 1. 

Judson  Harmon,  Governor. 


SCHOOL  CALENDAR. 


September  1  —  School  Year  Begins. 

September  1  —  Clerk  must  report  to  County  Auditor  not  later  than. 

September  1 — Treasurer  must  report  to  County  Auditor  not  later  than. 

September,  First  Monday  —  Labor  Day.     (Legal  Holiday.) 

September,  First  Saturday  —  Teachers'  Examination. 

September  20  —  Auditor's  abstracts  Nos.  1,  2,  3,  4,  and  5  must  be  filed  with 
State  Commissioner  of  Common  Schools  not  later  than. 

September  20  —  Auditor  must  report  condition  of  Institute  Fund  not  later  than. 

October,  First  Saturday  —  Teachers'  Examination. 

November,  First  Saturday  —  Teachers'  Examination. 

November,  First  Tuesday  after  First  Monday  in  odd  numbered  years  —  Elec- 
tion of  members  of  Board  of  Education. 

November,  Thanksgiving  Day  —  Day  appointed  by  President  and  Governor. 
(Legal  Holiday.) 

December,  First  Saturday  —  Teachers'  Examination. 

December  25  — Christmas  Day.     (Legal  Holiday.) 

January  1  —  New  Year's  Day.     (Legal  Holiday.) 

January,  First  Saturday  —  Teachers'  Examination. 

February,  First  Saturda.y  —  Teachers'  Examination. 

February  22  —  Washington  Day.     (Legal  Holiday.) 

March,  First  Saturday  —  Teachers'  Examination. 

April,  First  Saturday  —  Teachers'  Examination. 

April,  Second  Monday  —  Election  of  director  in  township  sub-districts. 

April,  Third  Saturday  —  Pupils'  Examination. 

April,  Arbor  Day  —  Date  fixed  by  Governor  each  year. 

May,  First  Saturday  —  Teachers'  Examination. 

May,  Third   Saturday  —  Pupils'  Examination. 

May,  Two  Weeks  ending  Fourth  Saturday  of  —  Enumeration  of  Youth  of 
School  Age. 

May  30  —  Memorial  Day.     (L^gal  Holiday.) 

June,  First  Saturday  —  Teachers'  Examination. 

June,  First  Saturday  —  Clerk  should  make  enumeration  return  to  County 
Auditor. 

July,  First  Saturday  —  Teachers'  Examination. 

July  4  —  Independence  Day.     (Legal  Holiday.) 

July,  Third  Saturday  —  Auditor  make  Enumeration  Return  to  the  State  Com- 
missioner of  Common  Schools. 

August,  First  Saturday  —  Teachers'  Examination. 

August  31  —  Clerk  of  Board  of  School  Examiners  must  report  to  Commissioner. 

August  31 — All  Clerks  and  Superintendents  who  are  required  by  law  to  re- 
port to  County  Auditor  and  State  Commissioner  of  Common  Schools 
must  do  so  not  later  than. 

August  31  —  School  Year  Ends. 


